Breaking Down Probate into 5 Steps

Unraveling the probate puzzle can feel like navigating a labyrinth of legal intricacies. In this guide, we distill the seemingly endless maze of the probate process into five essential steps. From court deadlines that demand attention to hearings that beckon your presence, our aim is to demystify this complex journey. While the entirety of probate can’t be encapsulated in just five steps, these crucial milestones will illuminate the path ahead and give you a compass to navigate the terrain.

Step 1: File the Petition for Probate

The first step in the probate process is filing the petition for probate. This petition contains basic information on the nature of the estate, nominates an executor or administrator, and provides a list of beneficiaries and heirs. A hearing on the petition will be set by the court once the petition is filed. It is important to provide all interested parties, including heirs and beneficiaries, notice of the hearing. Additionally, prior to the hearing notice will be provided in a newspaper publication.

Step 2: Attend the Hearing and Obtain Letters of Administration/ Letters Testamentary

The next step in the probate process is to attend the hearing and obtain Letters Testamentary/Administration. Letters Testamentary are provided when the decedent died with a will, Letters of Administration are provided when the decedent died without a will. For the purpose of this article, I will refer to both Letters Testamentary and Letters of Administration as simply “Letters.” The word “personal representative” can be used to refer to either executors or administrators. 

After the court approves the petition and nominates a personal representative for the estate, the personal representative will be responsible for filing and obtaining certified letters. The certified letters grant the personal representative authority to act on behalf of the estate. 

Step 3: File Inventory and Appraisal

Once Letters have been obtained, the personal representative must marshal the assets of the estate and prepare an inventory and appraisal. The Inventory and Appraisal provides the court with a list of assets that are in the estate, along with the value of each asset. Certain assets, like bank accounts, may be “appraised” by the personal representative because the value is apparent on its face (a bank account with $4,000 is worth $4,000). Other assets, such as real property or a vintage automobile, will need to be appraised by a professional. The court assigns a “probate referee” to appraise these assets in the estate. The final inventory and appraisal will show the total value of the estate.

Step 4: File Notice to Creditors

Around the same time the Personal Representative is marshaling assets of the estate, they must work to uncover the liabilities of the estate. Once the personal representative has ascertained the creditors of the estate, the Personal Representative will send each creditor notice of the estate administration. The creditor has to file a claim before the later of 4 months after the issuance of letters or 60 days after the receipt of notice.

The Personal Representative will either accept or reject the claim. In the event that the estate is insolvent, the Probate Code organizes creditors into classes which must be paid in the order of priority stated in the Probate Code. If the Personal Representative properly follows the probate code, they will not be personally liable for the debts of the estate.

Step 5: Submit Final Account and Report and Distribute Assets

The last critical step in Probate is preparing and filing the final account and report. The personal representative must provide the court with a full accounting of all transactions, payments, disbursements, and property sales that took place during the probate. It is important for the personal representative to keep detailed records during probate to ensure an accurate accounting. Accounting is broken down into several schedules, and many counties have special rules for the format of these accountings. It is highly recommended to consult with a professional when preparing a probate accounting.

The report portion of the final account and report will provide the court with information on the steps the Personal Representative took during the probate. If any creditors were paid or property sold, this information will be included in the report. The report gives the Personal Representative the opportunity to show the court everything that has occurred during the probate proceeding.

When navigating this complex terrain, it’s wise to have experienced professionals by your side. Connect with the seasoned attorneys at Naimish & Lewis for dedicated guidance that ensures your probate journey is not only comprehensible but also successful. Your probate odyssey deserves nothing less than the expertise that can be offered by our legal team. Take the first step towards a smoother probate process – reach out today for a consultation.