How Do We Handle Probate?

Probate is the legal process of a deceased person's estate passing to their heirs or beneficiaries through an appointed (and court recognized) personal representative or executor of the estate.

When we receive a probate intake, our first step is to draft an initial document that fits your case. This initial document can be one of two categories; a document would be either formal or informal, aka if there is a disagreement or no disagreement between potential heirs, and testacy or intestacy (if the decedent did have a will or decedent did not have a will). If the probate is currently open in another state, it would be an ancillary document instead. If it has been over 3 years since the decedent's passing, the probate no longer qualifies as "informal" and goes through a more formal, longer process that might limit you of previous offers.

After the initial documents are validated by the court, the next documents we draft are determined by whether the initial documents were formal/informal intestacy/testacy, or ancillary. If it was any combination of informal/formal intestacy/testacy, the next documents are:

• Notice and Information to Heirs and Devisees
• Notice to Creditors in county newspaper
• Letter to U.S. Department of Human Services
• Affidavit of Publication
• Inventory & Appraisement

If the initial document was for an ancillary probate, the next drafted document will be a Personal Representative's Deed, or the document that transfers the estate to the heirs according to the personal representative.

After a notice has been sent to the creditors, there is generally a 90-day waiting time period for them to process the documents. Once the 90-day period is over, a Notice of Proposed Distribution is prepared and sent to all receiving heirs of the estate alongside a consent form. If the PR is the only heir, this step can be bypassed. Finally, after all documents are recorded and signed by the court and receiving party, Receipts of Distribution are sent out to inform the heirs of their exact portion and the case is closed.

What Does Probate Cover?

All assets covered in the estate, if mentioned in a will, are distributed fairly by the PR, or if not mentioned in a will, are handled by the state. Assets can include:

• Real estate under the decedent's name
• Bank accounts without Payable-on-Death (POD) beneficiaries
• Investment accounts without Transfer-on-Death (TOD) beneficiaries
• Personal property such as vehicles, jewelry, or collectibles

Probate does not cover assets with joint ownership, as one of the owners is surviving, listed beneficiaries in financial accounts, or trust ownership.

Maverick Law Group is dedicated to helping you avoid the long probate process. Give us a call at (701) 852-5224 for any questions.