Probate Administration, Process and Fees

Probate court typically handles issues regarding wills, estates and trusts.  If an individual has a dispute that falls within this category, he or she can seek help from the probate court, which will try to provide a solution that is fair to all parties involved in a case.  The probate administration process and cost can differ depending upon the case, but generally is as follows.

Filing the Petition for Probate:

The individual with the dispute would typically hire a probate attorney to handle this process, and the first step would be to file a petition for probate.   This document is required to initiate the probate process.  While the cost differs in each state and county, individuals can assume the cost for filing the petition would be between $100 and $150.  Certain documents may be required to be filed along with this petition, including the full will and estate information.  A fee that equals a small percentage of the value of the estate may be required as well.

Notices and Publishing:

Once the petition is filed, and at least fifteen days prior to the hearing, the individual must publish a notice of petition to administer estate.  This must be published in the local newspaper, and then sent to the individuals who must be aware of the court date.  This may include other parties involved in the dispute.  The bond must also be filed 4 to 6 weeks after filing a petition.  The bond ensures against any wrongdoing or fraud.

Filing Hearing Date:

Next, the Hearing Date on Petition for Probate must be filed and the letters must be issued to any individual needing proof of the executioner’s status.  During this time as well, notices must be given to creditors and the party must accept or deny the creditors’ claims. Debts must be paid and the IRS tax form 706 should be filed if needed.  This form is due 9 months after the deceased’s date of death.  In some cases, the property must be sold to pay off debts.

Final Distribution:

Next, the Accounting and Final Petition for Final Distribution must be filed.  Four to six weeks after this, notices should have been sent out to individuals who may be interested.  After attending court, the judge will sign the Final Judgment for Distribution so that the assets and real property can be distributed.  Once the property and assets have been distributed, the attorney or individual will file the Declaration for Final Discharge.