The probate process
General Outline of the Probate Process
When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court. Every probate estate is unique, but most involve the following steps:
Filing of a petition with the proper probate court
Notice to heirs under the Will or to statutory heirs (if no Will exists)
Petition to appoint Personal Representative (in the case of a Will) or Administrator for the estate
Inventory and appraisal of estate assets by Personal Representative or Administrator
Payment of estate debt to rightful creditors
Sale of estate assets
Payment of estate taxes, if applicable
Final distribution of assets to heirs.
Can I handle probate without an attorney?
Although individuals are permitted to represent themselves, the law requires that you be held to the same standard as a licensed attorney. This means that you would be required to know all the court rules and procedures applicable to the probate. A standard, uncontested probate is generally not complex. We would be happy to help you through the probate process. We offer predictable flat fees and unbundled probate services.