The probate process is initiated when an individual passes away, leaving assets that must be transferred to his or her heirs or devisees. There are two main ways that probate cases travel through the court system. The first is the “informal” probate process. This type of probate is the most common type of probate and is generally used when there are no questions of heirship or estate representation.
The second is the “formal” probate process. This type of probate is generally used when there are conflicts to be resolved; for example, selection of a Personal Representative or determination of heirs.
The Informal Probate Process
1 week – 6 months from date of death:
The family or Personal Representative meets with an attorney to discuss the probate process.
The Personal Representative (usually with an attorney’s assistance) files documents requesting official appointment by the court.
1 – 6 weeks from requesting court appointment of the Personal Representative:
The court appoints the Personal Representative by issuing official appointment papers known as Letters Testamentary or Letters of Administration.
6 months – 2 years from appointment of the Personal Representative:
The Personal Representative gathers the estate assets, distributes personal property, sells real estate, and publishes notice to creditors.
After the end of the “Creditor Claim” period, a determination is made as to which claims will be paid depending on the solvency estate and statutory guidelines. See Creditors & Creditor Claims for more information.
Once claims have been paid, the Personal Representative prepares a “Final Accounting and Notice of Proposed Distribution” detailing the assets of the estate and how they are to be distributed. Interested parties have 30 days to object to the Final Accounting.
30 days from the filing of the Final Accounting:
The estate is distributed to the heirs and devisees.
The Personal Representative files a Sworn Statement with the court saying that the estate has been distributed and is ready to be closed.
1 year from filing the Sworn Statement:
The estate is officially closed by the court, and the Personal Representative is discharged. 1 year from filing the Sworn Statement.
The Formal Probate Process
1 week – 6 months from date of death:
The family or Personal Representative meets with an attorney to discuss the probate process.
The Personal Representative (usually with an attorney’s assistance) files documents requesting official appointment by the court.
1 – 3 months from the filing of the opening documents:
The court holds a hearing to select and appoint the Personal Representative, and in the event of an intestate estate, determine who the heirs are.
1 – 6 weeks from the date of the hearing:
The court appoints the Personal Representative by issuing official appointment papers known as Letters Testamentary or Letters of Administration.
6 months – 2 years from appointment of the Personal Representative:
The Personal Representative gathers the estate assets, distributes personal property, sells real estate, and publishes notice to creditors.
After the end of the “Creditor Claim” period, a determination is made as to which claims will be paid depending on the solvency estate and statutory guidelines. See Creditors & Creditor Claims for more information.
Once claims have been paid, the Personal Representative submits a proposal to the court detailing the assets of the estate and how they are to be distributed.
2 – 4 months after the Personal Representative submits a plan:
Another hearing is held, providing interested parties with a chance to object to the proposed plan.
1 week – 3 months after the hearing:
The judge issues an approval of final distributions, and the estate is distributed to the heirs and devisees.
The estate is officially closed by the court, and the Personal Representative is discharged.