Probate and estate administration is a comprehensive process that includes court proceedings designed to transfer property from a deceased person to the people entitled to that property. If there is a will, you go through probate; if there's no will, you proceed through administration under intestacy laws.
Phase One: Court Appointment Process
The process begins with a court proceeding that starts with filing a petition asking the judge to admit the will to probate and appoint an executor (or administrator if there's no will). This initial phase concludes with the court issuing a decree that ideally grants what you've requested – legal authority to act on behalf of the estate.
During this phase, it's essential to ensure all proper parties are notified and that all legal requirements are met. The court must be satisfied that the will is valid (if one exists) and that the appointed person is suitable to serve as executor.
Phase Two: Estate Administration
Once you receive the decree granting you authority, the real work begins in phase two – estate administration. This involves collecting all assets, which might include selling real estate, gathering bank accounts, and depositing funds into the estate account. You must also determine what debts the decedent owed and ensure they are properly addressed.
This phase requires careful attention to detail and thorough record-keeping. Executors must locate all assets, notify creditors, handle ongoing expenses, and manage the estate's affairs until everything is ready for final distribution.
Phase Three: Accounting and Distribution
The final phase involves accounting for all transactions and making distributions to beneficiaries. In most cases, you can complete what's called an informal accounting – a document explaining what came in, what went out, what remains, and how it will be distributed. You then ask the beneficiaries to sign off on this accounting.
This accounting process ensures transparency and provides beneficiaries with a complete picture of how the estate was managed. Once all parties approve the accounting, final distributions can be made according to the will or intestacy laws.
Realistic Timeline Expectations
It's important to manage expectations regarding timing. Even in straightforward cases, the entire process typically takes at least a year from start to finish. Complex estates or those involving disputes can take significantly longer.
Professional Guidance and Support
At Antonelli & Antonelli, we understand that clients often come to us during incredibly emotional times. We take the burden of both the legal work and the procedural aspects off our clients' shoulders, providing guidance and letting them know exactly what needs to be done at each step.
Our clients are surrounded by professionals who help them navigate this complex process successfully. We provide clear communication, manage expectations, and ensure that all legal requirements are met while allowing families to focus on grieving and healing.
If you're facing the need to handle estate administration or have questions about the probate process, contact Antonelli & Antonelli for experienced guidance through every phase of this important process.
