The probate process seems too many outside the legal world to be a long, drawn-out and expensive process for settling a deceased person's affairs. Many times the probate may be fairly straightforward and not require an attorney. You may wish to have a probate attorney review your case. This information is not legal advice and is meant to to give you an overview of the process.

What is Probate?
The term probate means "to prove" the will through a proceeding that usually occurs in court. However, a will does not always exist (or is not available) and laws are established in each state to deal with the orderly distribution of assets to those who are entitled to inherit them.

What is Involved in Settling an Estate?
Please go to the Executor page for a detailed description of the duties and liabilities of the personal representative.

1. What personal property and real estate (if any) is owned by the deceased person
2. Pays any taxes or debts that the deceased person may owe (including costs of doing probate), and
3. Distribute all real and personal property which remains to the rightful beneficiaries

This property is said to be owned by the "estate" of the deceased person and must remain so until the judge or other court-appointed person says it may be distributed. However, it is often necessary to sell the property in order to satisfy the debts of the estate to close the probate. If you have a property that you need to sell please contact us for immediate assistance, benjaminng@alliance101.com.

How Long Does It Take to Settle an Estate?
The entire probate process will differ from state too state and the size and complexity of the "estate." In some states, small estates may even avoid a formal probate; however the debts must still be paid. The minimum time an estate will likely be open is probably from six months to a year, often more depending on the complexity of the estate.

Executor Information

The Executor or Executrix of an estate often finds themselves faced with the duty of being the Personal Representative of the Probate of the estate, a legal process that involves the accounting of the assets, liabilities and taxes. Below you will find a general list of the duties and liabilities of the Personal Representative. These duties and liabilities may vary depending on your state and county. This site does not provide legal advice.

Duties & Liabilities of Personal Representative
When the court appoints you as personal representative of an estate, you become an officer of the court and assume certain duties and obligations. An attorney is often sought to advise on these matters but in not required. You should however understand the following:

1. Managing the Estate's Assets

a. Prudent investments You must manage the estate assets with the care of a prudent person dealing with someone else's property. This means that you much be cautious and may not make any speculative investments.

b. Keep estate assets separate You must keep the money and property in this estate separate from anyone else's, including your own. When you open a bank account for the estate, the account name must indicate that it is an estate account and not your personal account. Never deposit estate funds in your personal account or otherwise mix them with your or anyone else's property. Securities in the estate must also be held in a name that shows they are estate property and not your personal property.

c. Interest-bearing accounts and other investments Except for checking accounts intended for ordinary administration expenses, estate accounts mush earn interest. You may deposit estate funds in insured accounts in financial institutions, but you should consult with an attorney before making other kinds of investments.

d. Other restrictions There are many other restrictions on your authority to deal with estate property. You should not spend any of the estate's money unless you have received permission from the court or have been advised to do so by an attorney. You may reimburse yourself for official court costs paid by you to the county clerk and for the premium on your bond. Without prior order of the court, you may not pay fees to yourself or to your attorney, if you have one. If you do not obtain the court's permission when it is required, you may be removed as personal representative or you may be required to reimburse the estate from you own personal funds, or both. You should consult with an attorney concerning the legal requirements affective sales, leases, mortgages, and investments of estate property.

2. Inventory of Estate Property

a. Locate the estate's property You must attempt to locate and take possession of all the decedent's property to be administered in the estate.

b. Determine the value of the property This can be done yourself or you can consult a professional to assist you.

c. Final an inventory and appraisal You must file with the court an inventory and appraisal of all the assets in the estate.

d. File a change of ownership At the time you file the inventory and appraisal, you must also file a change of ownership statement with the county recorded or assessor in each county where the decedent owned real property at the time of death.

3. Notice to Creditors

You must mail a notice of administration to each known creditor of the decedent within two to four months after your appointment as personal representative.

4. Insurance

You must mail a notice of administration to each known creditor of the decedent within four months after your appointments as personal representative.

5. Record Keeping

a. Keep accounts You must keep complete and accurate records of each financial transaction affecting the estate. You will have to prepare an account of all money and property you have received, what you have spent, and the date of each transaction. You must describe in detail what you have left after the payment of expenses.

b. Court review Your account will be reviewed by the court. Save your receipts because the court may ask to review them. If you do not file your accounts as required, the court will order you to do so. Your may be removed as personal representative if you fail to comply.

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