Probate

When someone dies, ownership of all assets in that person’s name now pass to someone else. The Probate process provides the rules and oversight of that process. Getting the state’s recognition of the Will is the initial step. If there is no Will, then the process begins with the selection of the person who will serve as the estate’s Administrator. If the petitions for probate are accepted, the executor or administrator receives paperwork recognizing their authority.

You need an experienced probate attorney on your side to guide you through the process and make sure your interests are represented.

Guiding you through the many steps required in the probate process:

• Proving the existence of the will
• Filing the Register of Wills or Surrogate Petition.
• Identifying and making an Inventory of Assets
• Filing an inventory of those assets
  • For example, in Pennsylvania, every executor and administrator must file an inventory to the Register of Wills within nine months from the date the will is filed.
• Appraising and Selling real estate and businesses.
  • If the estate has real estate, preparing the property for sale, marketing the property and then closing the sale can take well over six months. Specialized property, such as commercial property or a farm can take even longer.
• Settling Creditor Claims.
• Paying the debts of the decedent
• Filing deceased’s final Federal and State Income Taxes.
  • If the deceased lived even one day into the year, you might have to file his or her final income tax return. This will mean at a minimum filing a final 1040 to the IRS, a final state tax return, and perhaps other returns. You may not be able to file these returns until the year following the death.
• Filing accountings itemizing and documenting all receipts
• Mediating Disputes over Assets between Beneficiaries
• Distributing Remaining Assets after the date for creditor claims have passed