Probate

After a person dies, his or her property must be distributed to heirs and beneficiaries. The decedent’s debts must also be paid. Probate is the legal process to complete those transactions.

The usual steps are as follows:

1. Petition to Open Estate and Appoint a Personal Representative. The Personal Representative may also be called the Executor or Administrator of an Estate. This step involves requesting a court order establishing the existence of the probate case and giving someone legal authority to handle the affairs of the estate (collecting assets, identifying heir and creditors, etc.).

If the decedent left a Will, lawyers say he or she died “testate.” As part of this first step
the court determines whether the Will appears to be valid. And, if is valid, admits the Will to probate. In most cases, the Will designates someone to serve as the Personal Representative and that is who the court will appoint.

Any interested person may file a petition to open and estate and appoint a personal
representative. Interested persons include heirs, co-owners of assets, and creditors.

2. The court will issue Letters Testamentary or Letters of Administration. This is a legal document that gives the Personal Representative authority to handle the estate.

3. The Personal Representative will obtain a tax identification number (EIN) issued by the IRS and assigned to the estate.

4. The Personal Representative will take the “Letters” to banks, financial companies, etc. to show that he or she has authority to liquidate accounts and take other actions.

5. The Personal Representative will notify heirs and publish a notice in a local newspaper.

6. The Personal Representative must identify and quantify all assets of the estate and then file an Inventory. The Inventory is just a list of the assets and value of each asset.

7. The Personal Representative must identify creditors. If the debts are known to the Personal Representative and there is no reason to doubt the validity of the debt, the
Personal Representative is obligated to the debt from the estate assets. Otherwise,
creditors have a specific period of time in which to file claims.

8. Finally the Personal distributes the estate assets as provided in the Last Will and Testament or as required by the law of “intestacy” if there is no Will.

At Griner Law Group, PC we have helped many people through the probate process. Please contact us at lawgriner@gmail.com or 574-255-1776 if you need help with a probate matter.

If you need help, please don’t hesitate to contact us!