The probate process typically takes six to 12 months, though complications may extend this timeframe. The process can exceed a year or several years, particularly in cases involving substantial estates with numerous assets. Tasks such as asset inventory, debt settlement, asset liquidation, and fund distribution to beneficiaries contribute to this extended duration.

Navigating the probate process can be burdensome, particularly amidst the emotional challenges families may face. Our seasoned team is poised to guide you through probate, ensuring your duties as a personal representative are fulfilled. Partnering with an experienced probate attorney can mitigate potential personal liability in case of errors. Additionally, should any issues arise with the estate, our expertise offers invaluable support. We handle all necessary state and estate tax filings, aiming to simplify what can often be a complex process during a challenging time.

The probate process begins with filing papers in the local probate court, also known as opening probate. If there's a valid will, the named personal representative verifies its authenticity, submits it to the court, and initiates probate. Without a will (intestate), the court determines estate distribution according to state laws and appoints a personal representative. The judge then issues personal representative letters, granting authority to administer the estate, including debt settlement, tax payment, and asset distribution. Notice is given to known creditors and to unknown creditors by posting in the newspaper to alert creditors that they have 4 months to make a claim against the estate. Collect estate assets and liquidate real estate if necessary, determine valid debts and pay them. Provide an accounting to the beneficiaries, make final distributions, file taxes if required and then file closing papers with the court.

In the absence of a will, referred to as intestate, the probate court follows state intestacy laws to determine how the deceased's estate will be distributed. The court appoints A personal representative to manage the estate's affairs, including asset distribution and debt settlement, by these laws.

The personal representative, designated in the deceased's will or appointed by the court if there's no will, plays a crucial role in the probate process. Responsibilities include verifying the will's validity, submitting it to the court, managing the estate's affairs, and distributing assets to heirs or beneficiaries after settling debts and taxes.