Typically, the person to be appointed Personal Representative comes to us and we gather all the information that we need to petition the Court to open the probate case and get the client appointed Personal Representative by the Court. We prepare the needed papers and have the client sign them. We then file them with the Court and pay a filing fee of about $400 to the Court.
The Court will issue the Letters of Administration appointing the Personal Representative. That typically takes two to four weeks depending upon the county. Once the letters of administration are issued, we immediately publish a Notice to Creditors. The Notice is required by law. We also send a copy of that notice to Ascertainable Creditors, which are creditors that the Personal Representative knows of or should be able to identify. The creditors may file claims. Sometimes we will object to the claims either because they are invalid or because there may be a dispute as to the claims’ validity.
We often find that a final income tax return is required for the person that passed away. In very large estates, there will be an estate tax return to prepare.
If there are houses, cars or real estate, those assets will be sold. All of the assets will be gathered and then we will work with the Personal Representative to prepare a Plan of Distribution. We will send that to the Court for approval. Once the Court approves, distributions can be made and then the case can be closed.
How Long Does A Probate Typically Last?
Assuming the case is uncontested, a Summary Administration administration can be finished in between two to eight weeks. A Formal Administration typically takes between six to twelve months from start to finish.
For more information on Step By Step Breakdown Of Probate, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (727) 827-7777 today.