Probate

Probate law is State law. The proceeding is started by filing a Petition to Commence an Estate with the County Probate Court. The appropriate County in which the process takes place is the Decedent’s place of residence or the County in which the Decedent died.

The court will appoint a Personal Representative (formerly known as an Executor or Administrator) to take charge of handling the Decedent’s financial matters. The Personal Representative reviews the important papers of the deceased and creates a list of assets called an Inventory. The Inventory is shared with the interested parties along with the Will if one exists, and any other required papers.

The Personal Representative is given a deadline to manage the finances. Claims are requested via a Notice published in a local newspaper. Assets are collected and liquidated as needed to satisfy any claims.

The law also provides for payment to family members. Any assets remaining after payment of claims (including taxes) are then distributed as outlined by the Will; or through the Probate Court if no Will exists.

The process is not as cumbersome as some people believe. The Probate laws have been streamlined and an estate usually can be concluded between six and twelve months. Interim disbursements can be made if necessary to get monies to the heirs before the formal closing of the estate.

After the Personal Representative has completed his or her duties, a report is made to the heirs. If no timely objection to the actions taken by the Personal Representative is made, the Probate Court will subsequently close the estate.

Contact our office to meet with an experienced attorney who will guide you through the process of administering the estate of a deceased loved one.