Ten Things to Ensure a Smooth Probate Process
If you are a personal representative, here are ten things items that if followed will ensure a smooth (or smoother!) probate process.
1. Gather Necessary Documents: Collect all important documents such as the will, death certificate, financial statements, and relevant legal papers. Pay attention to the last three months’ of the decedent’s bills if you can find them. Credit cards, utilities, mortgage and insurance. Even car registration. Look for it all.
2. Identify Assets and Liabilities: Compile a list of assets (property, investments, bank accounts) and liabilities (debts, mortgages) belonging to the deceased.
3. File Petition for Probate: Submit the necessary paperwork to the probate court to initiate the probate process. This can be done with or without a lawyer. Hint: fill out paperwork calmly and correctly if you’re doing it alone to avoid it being rejected by the judge.
4. Notify Creditors and Pay Debts: Inform creditors of the death and settle outstanding debts and taxes owed by the estate. This step will often include a death notice in a local newspaper.
5. Manage Estate’s Property: Secure and manage property belonging to the estate, including maintenance and insurance. Make sure you physically check on the property. If you are out-of state, someone like the brokers at Blend Luxury Real Estate will check on it for you. We tour our properties in person once every 48 hours with photos.
6. Value Assets: Obtain professional appraisals or valuations for assets like real estate, jewelry, and other valuables. The court will insist on a real estate appraisal. Please don’t do it until you’ve been instructed to, though.
7. Distribute Assets According to Will: Follow the instructions laid out in the will regarding distribution of assets to beneficiaries.
8. Prepare and File Tax Returns: File the deceased's final income tax return and any estate tax returns required by federal or state authorities. This may happen twice.
9. Accounting and Reporting: Keep detailed records of all transactions and financial activities related to the estate, and prepare periodic accountings for beneficiaries and the court. Do not under any circumstances mingle your personal funds or accounts with the funds of the decedent.
10. Close Probate: Once all debts are paid, taxes filed, and assets distributed according to the will (or state law if no will exists), petition the court to close the probate process.
Bonus: 11.
If you are selling real estate, please considering hiring a certified probate expert like those of us at Blend Luxury Real Estate:
There is no comparison between a traditional listing broker and a probate broker. Get an expert on your side. Hire a probate specialist. The courts will allow for the commission and it’s often discounted. We will work with you and the courts from Day One.
You need an expert who understands contracts, court requests and the timeline. These steps provide a structured approach to navigating the probate process e ciently and ensuring compliance with legal requirements. By doing what you can to fulfill your responsibilities diligently, you will get through a smoother probate process and minimize the potential for conflicts among beneficiaries.
For more information, please reach out!
Kimberly Dotseth, broker and owner Blend Luxury Real Estate 7770 Regents Road #113-275 San Diego, CA 92122 (619) 261-1909 info@blendluxury.com California DRE License #01179760 Over $250 Million sold and we can help you.
Click below to find us online at these two websites: https://www.blendluxury.com https://www.probatedepartment.com California DRE License #01179760 This information is not legal advice.
We are not attorneys. Always consult with a probate attorney in your area for information that pertains to your probate or legal matter.
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