Probate Attorney

You will need to file a request in the county where the deceased person lived at the time of their death. The paperwork will ask for you to be officially acknowledged as the legal executor representing the estate. In addition to the petition, you will need to file a valid will, if one exists, and the death certificate. Then the court will schedule a hearing to approve the executor (or hear objections from other parties). If you’re approved as executor, the court will officially open the probate case and you will now be able to act on behalf of the deceased’s estate.

Notice must be given by first class mail or by personally delivering a copy to each person or entity at least 15 days prior to the hearing. Each person should receive a copy of the "Notice of Petition to Administer Estate" showing the hearing date information. It is also recommended (but not required) that each person be sent a copy of the Petition for Probate with all attachments. Check to make sure that all of the persons and entitles listed on Attachment 8 of the Petition for Probate have been given notice. If additional space is needed, attach a separate page. File the signed Proof of Service by Mail with the court.

Collect, inventory and appraise all assets that are subject to probate and present them to the court, such as:

✔ Bank accounts.

✔ Retirement accounts.

✔ Stocks and bonds.

✔ Real estate.

✔ Personal effects.

Collect money owed to the estate, such as outstanding paychecks and rents. Also review any outstanding bills and debts and decide whether/how they must be paid. This may require some sleuthing on your part. You might need to go through checkbooks, emails and/or bank account to gather information. You'll need to ensure the estate's assets can cover all debts before paying them. If not, the state will prioritize creditor claims.
You'll also need to pay all applicable taxes, as well as file a final income tax return on the estate. It is usually a good idea to set up an estate account for paying the estate's final bills and expenses.

With all claims, debts and expenses paid, you'll give the remaining property to the rightful heirs and/or as the will directs. Some assets are distributed to heirs by the court (probate assets) and some assets bypass the court process and go directly to your beneficiaries (non-probate assets). In the case of a small estate, or if the decedent left his assets in trusts or gifted them prior to his death, probate may not be necessary. Probate laws can vary from state to state.

Once everything has been distributed, you will submit receipts and records of everything to the court and then ask for the estate to be closed and to be released from the role of executor.