Opening an Estate
What is Probate? The probate or estate administration process is when someone dies owning assets in his or her name alone and an estate must be started by a personal representative to handle the decedent’s assets and settle his or her affairs. The personal representative is called an “Executor” if appointed in the decedent’s Will. If the decedent has not designated an Executor in a Will, the court appoints an “Administrator,” which can be an individual or corporation such as a bank or trust company. The Executor or Administrator is the only person or entity legally authorized to deal with the assets of the estate and handle matters of estate administration.
Normally the Executor or Administrator hires a lawyer to provide them with legal advice and the preparation of documents. If retained by the Executor or Administrator, Attorney Persun will prepare letters for probate and perform all tasks to complete the process quickly and effectively. Some of the activities Attorney Persun will perform, but not all of them are:
- Locate and Review the Will;
- Prepare Petition for Probate;
- Present Petition for Probate and have Executor/Administrator sworn in;
- Acquire EIN Number;
- Assist Executor/Adminstrator in opening an Estate checking account;
- Locate assets of Decedent;
- Prepare Legal Advertisements for newspaper;
- Prepare Notice of Estate to Heirs;
- Prepare Letter to Department of Public Welfare;
- Perform all legal activities in selling any real estate;
- Prepare inventory and file with the Register of Wills;
- Prepare Inheritance Tax Return;
- Assist in preparing last income tax return and fiduciary income tax return;
- Prepare accounting or Family Settlement Agreement;
- File 6.12 Status Report.
My goal is to close the estate as quickly as the law allows.