| Probate |
Probate is the court-supervised transfer of property from a deceased person to his or her heirs. The
probate process requires court filings, publication of notices in a newspaper and that heirs be notified.
A personal representative (executor) is generally named in a person’s will. Once a person dies, his/her
will is “probated” (admitted to court). The court will generally appoint the person named in the will as
a personal representative. The personal representative is the person in charge of gathering all of the
decedent’s assets, paying the claims of the estate and eventually distributing the property to the proper
persons.
Several steps must be undertaken in a probate. There is a notification period in which all heirs are
notified and a notice is published in the newspaper. There is a minimum of four months from the date
of first publication before the estate may be closed and the property distributed.
For smaller estates there is an abbreviated process which allows the heirs to file a small estate
affidavit with the court. There is no publication requirement prior to the distribution of assets to the
heirs. There must be less than $50,000 in personal property and $90,000 in real property to use the
small estate procedure.
Income tax returns are generally required to be filed.
We do our best to expedite the probate process.
probate process requires court filings, publication of notices in a newspaper and that heirs be notified.
A personal representative (executor) is generally named in a person’s will. Once a person dies, his/her
will is “probated” (admitted to court). The court will generally appoint the person named in the will as
a personal representative. The personal representative is the person in charge of gathering all of the
decedent’s assets, paying the claims of the estate and eventually distributing the property to the proper
persons.
Several steps must be undertaken in a probate. There is a notification period in which all heirs are
notified and a notice is published in the newspaper. There is a minimum of four months from the date
of first publication before the estate may be closed and the property distributed.
For smaller estates there is an abbreviated process which allows the heirs to file a small estate
affidavit with the court. There is no publication requirement prior to the distribution of assets to the
heirs. There must be less than $50,000 in personal property and $90,000 in real property to use the
small estate procedure.
Income tax returns are generally required to be filed.
We do our best to expedite the probate process.
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