Probate Administration

When a person dies, the assets of the deceased person which do not automatically pass to another are subject to a court process called probate administration.  

A will controls the distribution of those assets subject to probate administration. Without a will, the distribution of those assets subject to probate administration is controlled by state law, which may not be the same as your wishes.

If the assets subject to probate administration are less than $75,000, a Petition for Summary Administration can be filed and a court order obtained directing distribution of the assets.  Usually, the process takes less than sixty (60) days. If the assets subject to probate administration are worth more than $75,000, a Petition for Formal Administration must be filed, and a personal representative appointed to administer the estate.  Notice to Creditors has to be published and distribution cannot be made until after three (3) months from the date of publication of the notice to creditors.  The length of time to complete formal probate administration varies, but is usually no less than six (6) months. A living trust can avoid the need for probate administration.

Matters involving probate administration are handled on an hourly basis, including the initial consultation, plus expenses.