When does the probate process begin?

The probate process typically begins when a petition is filed with the probate court to validate a will or to administer an estate if there is no will. This usually happens shortly after a person's death. Here's a general overview of how it works:

1. Filing the Petition: Someone, often the executor named in the will or an interested party, files a petition with the probate court to start the process. If there is no will, an interested party might petition to be appointed as the administrator of the estate.

2. Court Review: The court reviews the petition, and if it finds everything in order, it will officially open the probate case and appoint an executor or administrator to manage the estate.

3. Notifying Heirs and Creditors: The appointed executor or administrator must notify all heirs, beneficiaries, and creditors of the probate proceedings.

4. Inventory and Appraisal: The executor or administrator must inventory the deceased's assets, have them appraised, and manage them during the probate process.

5. Paying Debts and Taxes: The estate's debts and taxes must be paid from the assets before any distribution to heirs or beneficiaries.

6. Distribution: After all debts and taxes are settled, the remaining assets are distributed according to the will or, if there is no will, according to state intestacy laws.

Dorsey's Realty Disclaimer -  

Remember, consult with an attorney who specializes in probate and trust matters to ensure that the disclaimer meets the specific legal requirements and addresses the unique circumstances of your situation. This disclaimer is a general example and may need to be customized to fit the specific circumstances and legal requirements of the probate estate or trust you are dealing with. It is always advisable to consult with a legal professional to ensure compliance with relevant laws and regulations. 

Contact your dedicated Certified Residential Real Estate Probate Specialist 

Fred Dorsey "Prince of Probate" to schedule a telephone conversation. 301.760.2178