Probate Process From Start To Finish

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There's a lot of talk out there about avoiding probate, but many people really don't understand the steps that are involved in the probate process. So I thought I'd share the actual steps that me and a family are taking to complete an actual probate. Here are the steps:

(1) Review the will;
(2) Review the assets and debts;
(3) Prepare pleadings to have will probated and executor confirmed;
(4) Communicate relevant facts with all the heirs;
(5) File initial pleadings at courthouse;
(6) Wait for judge to sign initial order that will is valid and executor is confirmed;
(7) Get several certified copies of "Letters of Independent Executorship" from clerk of court;
(8) Obtain Tax ID Number from IRS;
(9) Executor opens estate accounts at investment firms where brokerage accounts are frozen;
(10) Executor moves assets from frozen accounts in deceased's name to estate accounts;
(11) Executor pays out specific bequests of money to heirs;
(12) Prepare inventory of assets and debts pursuant to court procedural rules;
(13) Prepare final court pleadings and submit to heirs for Verification;
(14) Final court order signed by judge ordering assets disbursed from estate to heirs;
(15) Transfer assets from estate accounts into heirs' newly formed accouts;
(16) Review capital gains tax and income tax consequences with all heirs;
(17) Executor sees that final income tax return is prepared.

This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: (225) 329-2450