Probate Process

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Probates are filed for a variety of reasons, most often by an executor, beneficiary, or creditor.  The Probate must be filed within 3-years.  Probate is a court process which authorizes an executor, called the Personal Representative ("PR") or Administrator and issues letters testamentary or letters of administration.  The "PR" is then entrusted and authorized to take all necessary actions on behalf of the estate.  Whether initiating the probate process and beginning the cut-off to achieve estate asset protection, limiting creditor remedies by filing and publishing, negotiating settlement of debts, navigating disposition of assets, resolving beneficiary disputes, or handling litigation the PR's responsibilities throughout the probate process are considerable and important.  Start with a basic process roadmap for your Guidance:

Within 3-years of a person's death, probate can be conducted informally or informally depending on a variety of factors.  Informal probate is appropriate in cases where the beneficiaries are generally in agreement and there are a limited number of creditors.  Formal probate is more appropriate where safeguards against future beneficiary claims are desirable.