Probate & Estate Administration Legal Process

After speaking with one of our Client Intake Specialists, you will be scheduled for a consultation with our experienced probate legal team. Our consultations typically occur over the phone but can be in-person or online upon request.  

During the initial consultation, we will get some preliminary information from you to determine what type of estate is involved and some basic information about the decedent.

This may include some of the following information:  

• Obtaining a copy of the will and any other estate planning documents, such as any trusts

• Obtaining a copy of the death certificate

• Decedent’s place of residence

• Marital status  

• Assets

• Liabilities

• Any immediate or urgent matters relating to continued care of a relative, child or pet of the decedent

• Funeral arrangements, including payment/reimbursement for funeral expenses

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Once we have obtained the preliminary information from you and have had an opportunity to review any estate planning documents, we will set up another call or meeting with you to discuss the estate in greater detail. We will advise you of the following:  

• What the estate planning documents mean  

• Filing of the will

• Explain the administration process and the timing thereof  

• Identify any potential familial conflicts; and  

• Answer any questions you or your family have  

We will also be requesting additional information and documentation from you:  

• Social security benefits  

• Pension or annuit payments  

• Bank account statements from the last year  

• Credit card statements from last year

• Tax income returns from the previous three years.  

• Real estate—mortgage, deed; insurance

• Personal property—cars, jewelry, artwork, collectibles and other valuables  

• Stocks, bonds, mutual funds, other investment accounts

• Life insurance policies  

• Retirement accounts  

• Business interests  

• Cryptocurrency or other digital assets

• Safety deposit box  

We will also advise and assist you with any assets that do not require probate or pass outside of probate

We will prepare the necessary documents needed to open the estate, whether it is testate (with a will) or intestate (no will).  These documents include the following:  

• Petition  

• Affidavit of heirship  

• Order declaring heirship  

• Notice and/or any waiver of notice  

• Oath and bond of representative/administrator

• Acceptance of office

• Order admitting will to probate and appointing representative/administrator

• Publication  

Once the claims period has run and all outstanding issues have been resolved we will prepare the estate for closing, which will include:  

• Final report

• Receipts prepared and obtained from all beneficiaries  

• Prepare a final accounting

• Final distributions

• Present closing documents to the court  

• Estate closing and representative/administrator is discharged

During probate, we will provide you with information regarding all court dates. It is highly unlikely that you will ever need to appear in court. We will provide you with copies of all orders entered and keep you advised of events as we move through the process. You will be working directly with our probate legal team throughout the process and should feel confident at every step of the process.  

The following will be addressed after the estate is opened:  

• Prepare any notices required and serve them accordingly  

• Deal with any claims made against the estate

• Deal with any will contest claims

• Issue any citations

• Open any ancillary probate, if necessary

• Prepare an inventory of the estate

• Prepare an accounting of the estate

• Manage, sale, and distribute any real estate

• Manage, sale, and distribute any personal property

• Advise and assist you with any required tax return  

• Effectuate any partial distributions, if necessary; and  

• Advise you of your obligations as the representative or administrator