The Probate Process, Step Four: Estate Distribution

After all the assets have been gathered, the estate’s creditors have been paid, and taxes have been filed, the Executor or Administrator can begin to make distributions. If there was a Will, the Executor will make the distributions according to the Will. The Executor...

The Probate Process, Step Three: Debtors & Creditors

Once the Executor or Administrator has received their Letters, obtained an EIN, and opened a bank account for the estate, it’s time to marshal the assets. Marshalling the assets simply means finding everything the decedent owned and consolidating it into the estate’s...

The Probate Process, Step Two: Oath, Letters, & EIN

In our last blog, we discussed the Petition to begin Probate. After the Petition is submitted and accepted by the court, the person who will be administering the estate (the Executor, Administrator or Personal Representative), will go to the courthouse and take an...

The Probate Process, Step One: The Petition

After someone passes, family and friends often wonder what to do next. This series will examine the steps of probate from the opening of an estate to the closing. First, you must understand what probate is. Probate is the legal, court process of distributing a...

What to Do When an Executor Goes Rogue

In many cases, when someone dies, the appointed executor professionally handles the estate. However, in some cases, an executor goes rogue. It seems that sometimes, a death in the family brings out the worst in people, including resentment between heirs, including the...

The Priority of Claims in a Probate

Part of the probate process is paying the claims that are filed. Even if a creditor doesn’t file a claim, if the executor or personal representative knows about it, he or she must still pay that liability. The personal representative must know in which order to pay...