Probate Administration
Decedent's Estate
The following is a summary, not an all-inclusive list, of a Personal Representative’s activities in probating a decedent’s estate. Colarossi & Colarossi, P.C. can represent you in the probate procedure.
- Determine what assets are subject to probate.
- Determine if there is a will.
- Determine the decedent’s heirs at law and their addresses and the names and addresses of the beneficiaries of a will if there is a will.
- Sign an agreement regarding the estimated probate court costs, Personal Representative’s hourly fees and attorney’s hourly fees.
- Work with the attorney to prepare the initial probate papers to open a decedent’s estate.
- Give notice of the petition to open the decedent’s probate estate, admit the will to probate (if there is a will), and the appointment of the Personal Representative to the interested persons.
- If necessary, attend the court hearing for the admission of the will (if there is a will) and for the appointment of the Personal Representative.
- Publish for claims.
- If required by the court, file a surety bond.
- Sign an Acceptance of Appointment as Personal Representative.
- Keep a written record of your work for the estate, mileage, and other expenses.
- Keep the beneficiaries informed of the probate proceeding and be responsive to their questions.
- After you are appointed Personal Representative, open a checking account in the name of the decedent’s estate and any other estate accounts as needed.
- If there is vacant or rented real estate, obtain insurance for vacant or rented real estate. File with the assessor’s office the removal of the homestead for the real estate.
- Review the payment of bills with the attorney. Pay the bills and expenses by check and keep all bank statements.
- Obtain a tax identification number for the estate.
- Within sixty days after your appointment as Personal Representative, work with the attorney to prepare the Inventory of the probate estate assets and mail a copy of the Inventory to the beneficiaries.
- If there is real estate in the estate and if the real estate is to be sold, the offer to purchase should contain a provision that the sale is subject to the approval of the probate court. If possible, obtain the consent of the interested persons to the sale, and obtain a court order confirming the sale of real estate.
- Have income tax returns for the estate prepared and filed.
- One year after being appointed Personal Representative (or less if the estate ready to close) work with the attorney to prepare an account and mail to the beneficiaries the account of the income and expenditures, using the total amount of assets in the Inventory as the beginning balance of the first account.
- Each year the estate is being administered, an annual account is prepared, filed with the probate court, and mailed to the beneficiaries.
- Before the final distribution of the estate assets, if possible obtain the beneficiaries’ written consent to the final account and the proposed distribution of estate assets. Obtain a court order allowing the final account and approving the proposed distribution of assets.
- Obtain the cancelation of the bond (if there was a surety bond) and obtain the discharge of the Personal Representative and the closing of the estate.
The information presented is not legal advice nor a foundation for an attorney/client relationship.