Probate Administration

The process is similar, but requires more paperwork with the Court.  It also requires court permission to sell property or assets.  Assets of the estate are distributed according to state law rather than the individual's wishes.

The duration of probate can vary.  Once an estate is opened there is an 8 month time period in which creditors may file claims against the estate.  After that 8 month period has elapsed then one can begin the process of closing the estate.  It typically takes about a year to complete for a basic estate.  It can take longer if there are complex issues or disputes involving the estate assets.

The probate process begins by the filing of a Petition to open the estate.  It’s at this time that a Will and Death Certificate must be presented to the court.  A Personal Representative is then appointed.  An inventory of assets must be done, payment of debts, tax returns, and distribution of estate assets will ensue.

Yes, proper estate planning can help you avoid or minimize probate by using tools like living trusts, joint ownership, and beneficiary designations.

Debts and creditors are typically paid from the deceased's estate during the probate process, with remaining assets distributed to beneficiaries.

Assets subject to probate include solely-owned real estate and personal property. Exempt assets may include life insurance proceeds, retirement accounts, and jointly-owned property with rights of survivorship.