After someone dies, his or her estate is looked at and distributed.The process can include proving the validity of a will, paying the debts and taxes of the dead person, and distributing their property.If you were named in a will as an administrator or personal representative, you must fill out the forms and pay the court fees.
Step 1: Find the will and identify the person who will take care of it.
It is important to find out if a loved one had a last will and testament.If there is a will and how to find it, ask the family.If there was a will and where it was kept, ask the surviving spouse or children.You can check the files.If family members are unsure if there was a will or where it was kept, ask them to show you where the important papers were kept.There is a safe deposit box.A last will and testament can be found in a safety deposit box at the bank.A living spouse with a death certificate or a person listed as a joint beneficiary of the safety deposit box can gain access to the box for you.You should check with the bank to see if any other people were granted access to the safety deposit box.Check with the attorney.If the person who died had an estate attorney, they would know where the will was kept, the original will, or a copy of it.There are notes about the location of the original will in a copy that cannot be submitted for probate.Check with the court.People can file their last will and testament with the court prior to their death.You should ask the county clerk if they have copies of wills.
Step 2: Determine who will act as a personal representative.
If there is no will or the person named in the will doesn't want to serve, a PR may be appointed.Before the court appoints a PR, family members may try to decide who they want to represent them.A spouse, child, parent, or sibling is usually chosen as PR.People who have been convicted of a felony are not allowed to serve as PR.You can find out if your state has restrictions on PRs at estate.findlaw.com/planning-an-estate.Select your state on the website and read through the relevant laws.There is enough time to focus on the demands of the estate.More than one PR may be appointed, and the Co-Personal Representatives, as they are called, are allowed to act on their own.PR can be appointed to a bank or financial institution.You can check with your local banks to see if they offer this service.
Step 3: A personal representative should be appointed by the court.
If the family can't decide who should act as PR, the court can appoint a personal representative.If you want the court to appoint a personal representative, you need to contact the local court clerk.Courts will look at state law for guidance on who to appoint but typically the law will provide for the following people: surviving spouse, children, parents of the deceased, or the dead person's siblings.The courts have final authority to name and approve a personal representative and issue letters of administration.
Step 4: Determine if an asset is worth anything.
The only assets that are subject to probate are property that was owned solely in the name of the person who died, such as a car or house, or property owned as tenants in common.Assets with a surviving spouse that are part of an estate are not subject to probate.There are retirement accounts with a named beneficiary.There is a named beneficiary for life insurance proceeds.Property is in a trust.A savings bond is owned by two people.There are pension distributions.State law designates certain household goods.
Step 5: There is an inventory of the estate.
You have to identify the assets of the dead person.All real property is something you should document.The land and buildings were owned by the last person to die.Bank accounts for personal use.Retirement accounts, stocks, or bonds are personal investments.There are interests in businesses.All other items were owned by the person who died.
Step 6: The value of the estate can be calculated.
You may be required to give the value of the estate.Depending on how much the estate is worth, certain states allow for a simplified probate process.The higher the value of the estate, the more detailed the forms may be.To calculate the value of an estate documented in your inventory, follow these steps.You may be required to use an expert for unique items or real property.Kelly Blue Book can be used to assess the value of a standard car.The value of the debt should be calculated.All loans, mortgages, and debts that became due on or before the date of death are included.You can identify the debt by running a credit report.The value of the debts should be subtracted from the estate's value.If the value of the property is $100,000 and the debt is $40,000, you would subtract $40,000 from the estate value.
Step 7: Determine if the estate qualifies for a simplified process.
There is a simplified process for small estates in most states.You should check your state's probate laws for the definition of a small estate.You can find state laws atestate.findlaw.com.
Step 8: Search for relevant forms.
Every county has a slightly different format for legal documents.You can conduct an internet search to find the correct forms.Search the internet for the name of the county where they resided and the words "probate forms." Most county courts have websites that will provide these forms for download and provide information on how to locate the forms.Check with the Court or the County Clerk.You can get contact information for a county clerk's office by searching the internet for the name of the county where the person died and the words "probate court clerk."
Step 9: The requested information should be provided.
A Petition for Probate/Appointment of a Personal Representative and Letters Testamentary/Letters of Administration are the first forms that will be filed with the court.The forms allow the PR legal authority to act on behalf of the estate.The forms may ask for Decedent's full name.If the deceased used other names than his or her legal name, be sure to include it in your petition.The address is Decedent's.Thecedents date of birth.The date of death.The names of personal representatives.The addresses of personal representatives.The personal representative has a telephone number.There are numbers and names of heirs.The value of the estate can be determined by checking the state's intestate inheritance laws located atestate.findlaw.com/planning-an-estateThe heir's expected inheritance.There is an inventory of all personal and real property.The inventory may not need to be filed with the court.You need to give a copy to the heirs.The PR and the heirs of the dead.If a signature is required to be notarized, have the person who is signing do so in front of a public official.
Step 10: The court clerk can be contacted.
If you have questions about the paperwork or how to file it, you should contact the court clerk.The clerks work with the public to make sure their paperwork complies with legal requirements.