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Probate process & timeline

probate Process

6 Steps in a probate Process

Notice: Every State is different. Contact a probate attorney to identify the local statutes and procedures that apply.

1

Request Appointment

The individual seeking appointment as a personal representative typically engages a probate lawyer to file a Petition for Probate.

2

Notices to heirs and creditor Claims

The probate process involves mailing notices to Will beneficiaries and legal heirs, publishing a notice in the local newspaper for creditors, providing an opportunity for objections to the Will and executor appointment.

3

Probate Hearing- Court Approves Appointment

The hearing, held weeks after filing, validates the Will and appoints the executor. Witnesses may sign a declaration. If no objections, the court approves the petition and appoints the representative.

4

Asset Identified and Managed Debts Paid & Assets Valued

The personal representative manages probate assets, pays debts, and files tax returns, which typically takes a year. They may need to sell assets like real estate or art to settle debts according to the Will's terms.

5

Accounting Filed withCourt- Assets Distributed

After settling debts and taxes, the executor files a report detailing income and payments for the estate. The judge approves the distribution of remaining property according to the Will.

6

Estate Closed

The property is transferred to its new owners. The final estate accounting is completed. Estate is closed after consultation with the attorney. Probate process ends.

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UNDERSTANDING THE 6 STEP PROBATE PROCESS

If you're new to handling probate, understanding the key steps is crucial for a smooth process. Downloading our PDF on the 6 steps in the probate process will give you a concise guide to help you get started with confidence, making sure you know what to expect and how to proceed effectively. It's the perfect resource to help you gain clarity and avoid unnecessary delays.

Probate timeline

9 month timeline

*Actual timeline will vary

Month 1

READ WILL

  • Secure Personal Property.

  • Identify Executor.

  • Talk to Beneficiaries.

  • Get Death Certificates.

  • Accumulate documents and bills.

Month 2

Visit attorney and file will

  • Open Creditor Claims.

  • Obtain Letters of Administration.

  • Assume PR Duties.

Month 3

Visit Accountant

  • Do preliminary inventory.

  • List Assets to be sold.

  • Inventory safe deposit box.

  • Update Beneficiaries.

Month 4

Request Date of Death values & Get appraisals

  • Consult Bene's & Distribute Personal Effects.

  • List Property to be sold.

Month 5

Accountant to prepare Asset inventory,

  • Federal Estate Return 706.

  • Review PR Compensation with Attorney.

Month 6

Provide Preliminary Accounting to Beneficiaries

  • Close out creditor claims.

Month 7

Meet with Lawyer and Accountant to Review all

pending issues.

  • Pay Bills.

  • Update prices alternative valuations.

Month 8

Petition on Final Accounting

  • With professional advice, file taxes - 1040 & 1041.

  • File petition on final accounting.

  • Prepare beneficiary agreement.

Month 9

Distribute Assets to

beneficiaries.

  • File Petition for Discharge.

  • Close Estate.

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Navigating a typical 9-Month Probate Timeline

Understanding the probate process can be overwhelming, especially if you're just getting started. Downloading our PDF on the 9-month probate timeline will give you a clear, step-by-step overview of what to expect, helping you navigate the process with confidence and avoid common pitfalls. It's an essential resource for anyone looking to learn more and make informed decisions during this challenging time.