When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed.  Probate is often dictated by a valid will, but also applies when a person dies without having signed a valid will.

The time needed for the probate process depends on the size and complexity of the estate and the local rules and schedule of the probate court. As a general rule, it usually takes a year or more to complete, as creditors of an estate have up to one year after the date of death to come forward and state a claim. However, it can take much longer if there are disputes about the Will or if there are unusual circumstances, such as unique assets or debts.

The probate process typically involves three phases:

Phase 1 – Obtaining Personal Representative (Executor) Appointment from the Courts

This phase is important because the Personal Representative will need the Letters of Authority from the court to manage the estate, to access any assets of the estate, and to sign any legal documents related to the estate.

Phase 2 – Administration

Once the Personal Representative has been appointed and receives the Letters of Authority from the court, they are able to begin administering the estate such as gathering assets, paying bills, negotiating settlements, etc.

These steps ensure all financial matters and assets of the estate are gathered and properly managed and prepares the estate for asset distribution or transfer.

*It is important to remember that no assets should be distributed to beneficiaries until you speak with us; it is imperative that the estate be properly closed prior to any distributions being made.*

Phase 3 – Closing of the Estate

Once you have completed all the steps to administer the estate and after one year from the date of death, the Personal Representative is able to officially close out the probate.

This provides the beneficiaries with critical information about the estate and allow the estate to be officially closed with the courts. Additionally, it allows the Personal representative to be released from their duties and sureties on bond, if any, to be terminated.

We understand the emotional stresses of grief as well as the responsibilities assumed by the Personal Representative (Executor). If you find yourself in the role of Personal Representative for a loved one’s estate, our experienced and caring staff is here to help you understand your role and responsibilities. We can guide you through the whole process, step by step, and help you avoid unnecessary delays.