Probate Example A

Example – Let’s assume the Decedent had a Will
(PLEASE NOTE – this is a very simplified description of the probate process)

  1. If the Decedent had a Will, we will ask you to bring the original Will to our office so we can examine it to make sure it was properly drafted and satisfies several requirements.

  2. Next, we will determine the assets of the Decedent in order to determine the best probate process to use. a. For example, if the Decedent only owned real property, we can use a process called Muniment of Title to transfer the title of the property according to the terms of the Will without appointing an administrator, thus saving the estate money.

  3. We will prepare an application to probate the Will and file it with the original will at the probate clerk’s office.

  4. The probate clerk’s office will publish notice of the application to probate the will.

  5. After ten (10) days have passed since the notice was published by the probate clerk, a hearing will be held to admit the Will to probate and appoint an Executor. The Executor is the person who handles the affairs of the estate.

  6. The Executor will sign an Oath stating he or she will perform the duties required of executor.

  7. The Executor will then obtain Letters Testamentary, which are extremely important. The Letters Testamentary allow the Executor to stand in the shoes of the decedent. The Executor can then gather the probate assets of the estate and notify creditors of the estate.

  8. Probate Assets consist of items that have title (for example, real property, cars, stocks) as well as bank accounts that do not have a named beneficiary or name the estate as the beneficiary.

  9. Non-Probate Assets include accounts that already have a named beneficiary such as life insurance policies, IRA’s, and joint bank accounts.

  10. Once the Executor gathers all of the probate assets, the Executor must file an Inventory with the court describing the probate assets in the estate.

  11. After the Inventory has been approved by the court, the Executor can pay the debts of the estate and then distribute the remaining assets according to the terms of the Decedent’s Will.