THE PROBATE PROCESS

1)     The client will need to provide a copy of the death certificate, decedent information, names and addresses of all heirs, known creditor information, and all asset information (including a list of bank accounts w/ amounts, deeds, life insurance policies, etc.)

2)     The petition to open the probate is then prepared and needs to be signed by the Personal Representative/Administrator.

3)     The Petition and proposed Order are then filed with the Court.

4)     Once the Order opening the probate is signed by the judge and filed with the clerk’s office, the client will sign the Acceptance of Appointment. The Acceptance will be filed with the Court and Letters Testamentary/Administration will be issued by the Clerk’s office.

5)     Our office will send a copy of the order and Letters Testamentary/Administration to the Personal Representative/Administrator. These are the documents the Personal Representative/Administrator will use when handling any business on behalf of the estate.

6)     If the heirs of the estate are willing to sign a waiver of notice, consent, inventory, and accounting, those documents will be sent to the heirs for signatures during the beginning stages of the probate.

7)     If there are funds in the estate, or if it is anticipated there will be funds in the estate at any time during the course of the probate, our office will request an EIN from the IRS for the estate. This request will require us to have the Personal Representative/Administrator’s social security number.

8)     A request for publication will be sent to a newspaper in the county which the probate action was opened. The notice of probate will run two (2) weeks in a row. (After this request is sent, it is common that the first publication may not occur until 1-2 weeks later.) The date of the second publication begins the six (6) month claims period for the estate, which is required by law.

9)     If there are known creditors, notices of the probate being opened will be mailed to each of them.

10) During the six (6) month claims period, assets may be sold out of the estate; however, this does require approval from the Court. If you wish to sell real or personal property, it is imperative that you contact us immediately so that our office can provide you with a list of the information and documents we need to petition the court to authorize the sale. If all heirs have not signed waivers, it is possible that the Court may require a hearing regarding these petitions.

11) Once the six (6) month claims period is complete, we can begin the process of making distributions of the assets of the estate. Please note that this process can take several months (or longer), depending on the circumstances and assets remaining in the estate to be distributed. This may require deeds, retitling of vehicles or other personal property, distribution of checks for cash assets, etc. If all heirs have not signed waivers, it is possible that the Court may require a hearing.

Please note, it often only takes a few days for an order to be signed, but unfortunately, our office has no control over how long it may take a judge to review the petition and sign a proposed order. Additionally, even if all heirs agree and no hearings are ever required, the entire probate process will most often take at least a year. If there are disagreements and hearings are required to resolve those issues, it can take years before the probate able to be closed.