Probate Process, Costs and Time

As your attorney, I can offer flat fees or hourly fees for a probate administration for all types of estate administrations.

Probate Procedure and Probate Process:

  • The executor or administrator files the probate application with the help of their probate attorney and Will if applicable.
  • There is a posting period for a Will or administration for at least ten days before executor or administrator can probate the Will and/or have an estate administration if an intestate heirship (an estate administration without a will).
  • At the probate hearing, the executor or administrator proves the validity of the Will and seeks to be appointed executor or administrator with aid of their attorney.
  • After the probate hearing, the executor or administrator will receive “letters of testamentary” or “letters of administration” from the probate court. Thereafter, if there is an independent administration granted by probate court the executor or administrator collects estate assets. The probate court will expect the administrator or executor to do an estate inventory and file a notice to creditors for the estate with aid of their attorney.
  • There is also a requirement of notice to heirs from the executor or administrator. For independent administrations this completes most of functions of administrator or executor.
  • As your attorney, I will be involved in each step of the probate process. Will probates can be completed within several weeks. Estate administrations that are intestate (no Will) can take a month or more depending on the probate court.

Surviving spouse vs children from a prior marriage

What happens when?

When there is no Will, spouses have a life estate and retain their one half of the community property, but the children inherit all the community property belonging to their parent.

Did you know?

Powers of attorneys are void after death and should not be used to transfer property.

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