Who Are the Parties Involved in the Probate or Administration Process?
By: Barry E. Haimo, Esq.
April 5, 2021
BARRY E. HAIMO, ESQ.: If an estate is going to go through probate proceedings, some of the parties involved will be the personal representative of the estate, which could be multiple people; the attorney for the personal representative of the estate; there will be a judge; there will be clerks; and there will be beneficiaries of the estate as well as creditors.
Whether or not you have a validly executed Will, your estate will go through Probate. The extent to which you kept assets in your name up until death plays a large role in the length of probate.
“Probate” defines the legal process that formally settles a deceased person’s affairs.
Who are the Parties Involved in Probate?
For starters, an attorney must be retained to open up an estate with the court.
Second, somebody must be appointed to administer the estate. The chosen individual is often referred to as the Personal Representative or Executor.
The Personal Representative oversees proceedings from beginning to end. They work with an attorney throughout probate.
Probate and the Will
Upon appointment, the Personal Representative locates a validly executed will.
After securing the will, the Personal Representative must:
- Identify and gather all the deceased person’s assets
- File an inventory with the court
- Notify the deceased’s creditors of the pending estate
It’s a lot of work!
Next, the personal representative pools assets to satisfy creditors’ claims.
Lastly, they distribute the remaining balance of assets to the proper beneficiaries.
The will — as you now know from the crash course on wills — names the beneficiaries. Your state of residence might also play a part in this determination.
So, to summarize, the parties required in the probate process include attorneys, personal representatives, and beneficiaries. Creditors, case managers, clerks, and judges may also get involved.
Planning to Protect Probate Parties
Planning with purpose via Haimo Law can protect your family and business interests in the near and long-term future.
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Originally published 5/18/2015. Updated 4/05/2021.
Barry E. Haimo, Esq.
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