Process For Simple Probate
For an Informal Probate (with or without a Last Will and Testament)
Since 1992, we have helped hundreds of families through this process!
Step One: Open Probate
We begin by gathering information from you and preparing the following documents:
- Application for Informal Appointment of Personal Representative
- General Orders to Personal Representative
- Acceptance of Appointment of Personal Representative
- Notice of Appointment of Personal Representative
- Letters of Personal Representative
- Renunciation of Right of Appointment of Personal Representative
- Verified Statement
Duplicated copies of each document will be prepared. Originals are filed with the Court and after they have been date stamped; we send a set to you. We also provide certificated copies of these Letters granting the Personal Representative of the estate the authority to act on behalf of the Estate.
Step Two: Published Notice
Our firm will publish a Notice in the newspaper and ensure that the Court has received an Affidavit as proof of publication!
We also will make sure that all interested parties receive a Notice of Informal Appointment!
During Step Two, we will prepare the following documents:
- Proof of Mailing Notice of Informal Appointment
- Notice to Creditors (for publishing)
- Notice to Creditors (for mailing)
- Proof of Mailing Notice to Creditors
- Affidavit of Publication of Notice to Creditors
In addition, we send a Notice to all known creditors, if there are any, and ensure that the Court is made aware of this Notice.
Step Three: Creating an Inventory
Here we prepare an inventory of the assets and debts of the Estate
During Step Three, we prepare the following documents:
- Inventory and Appraisement
- Proof of Mailing Inventory and Appraisement
Step Four: Estate Distribution
It takes four months from the first date of publication to begin distribution of the Estate. Our firm will prepare and file the Proposal for Distribution, mail copies to all interested parties, prepare and filed the Deed of Distribution and then record it will the Recorder’s Office.
During Step Four, we prepare the following documents:
- Proposal for Distribution
- Proof of mailing Proposal for Distribution
- Instrument or Deed of Distribution
Step Five: Closing the Estate
A Judge will sign the closing documents about 12 months from the date we lodge the Closing Statement. You will receive this signed Certificate of Registrar via the mail. The document releases the Personal Representative from his or her duties and the Probate is complete.
During Step Five, we prepare the following documents:
- Closing Statement
- Waiver of Accounting
- Application for Certificate of Registrar
- Certificate of Registrar
As you can see, the process is lengthy and time consuming. Let our experienced team make the burden of probate a little lighter. We can help!