Someone has passed away and you are now the executor or administrator responsible to settle their estate. The first thing that comes to your mind is "Oh my stars, I haven't a clue what to do or where to start". Well, you've come to the right place.
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You agreed to be a successor trustee. You find that the trust was never funded or property was removed for some reason and never put back in. Now you have to deal with probate court.
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What is probate? What needs to be done? When? How long does it take? How much does it cost? What do THOSE words mean?
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Someone passed away and you are now the Executor or Executrix of their estate if there was a will or the Administrator if there was not. Another common designation for either position is the "Personal Representative". But no one ever prepared you for the task you now need to perform. For most folks, it's a once-in-a lifetime job and, when it is done, you will be convinced that once is enough. It is not easy to find useful, practical guidance. It is hoped that this website will fill that need for you.
It is your job to manage the probate. You will pay estate bills, file taxes and distribute the estate assets once a court order is obtained at the end of probate. First, you need to gather detailed information about all the assets and debts of the deceased. That can be tough. You may not know what banks were used, if there are securities accounts or safety deposit boxes and where they are located or all the little places where people squirrel away special treasures. But you have to find all that... and more. The probate court will want a detailed list of all estate assets. Particularly if you are dealing with the estate of an elderly person, you need to check furniture, antiques especially, for hidden drawers; check clothing pockets before donations are made; keep an open mind for all the places that could secrete a treasure. Don't assume if an article doesn't appeal to your taste, that it is of little value.
Start by reviewing our chart outlining the Executor's duties during the probate process.
Probate court proceedings work on a calendar basis. Once application for probate has been made and accepted, the Court Clerk will guide the case through the court calendar for various filings and hearings. It is imperative that you adhere to scheduled dates. Please see our information page for a display of the Probate Timeline.
Probate records are considered public and, as such, may be viewed by anyone as well as court personnel at any time. Probate is court-regulated from beginning to end. It often involves a complicated series of steps that must be diligently monitored and managed. Legal deadlines are unforgiving, documentation is unique and court oversight must be adhered to throughout the marketing, negotiation and escrow periods regarding the sale of real property or business entities.
If there is a reverse mortgage on a home, the property must usually be either refinanced or sold within a year of the decedent's passing. If you have questions about this process, we can help. We understand the various forms of financing that may exist on a property. We can assist with refinancing if that is what is needed. We specialize in the sale of residential and commercial probate properties and businesses.
If there is a business involved in the estate, it needs to be valued at the earliest possible date following the death of the owner. Our office can assist with that valuation.
