PROBATE

Probate

Probate is the court supervised process of transferring property from the decedent (i.e. the person who passed away) to individuals, businesses, or charities. This process applies even if the person died with a will (called "testate probate").

Full Probate

The probate process lasts a minimum of four months but usually lasts about a years. Sometimes the process lasts longer (2+ years) if the estate is complex.

Tasks that may be needed to be complete probate are:

  • Appointment of a personal representative

  • Notice to heirs

  • Notice to creditors

  • Pay bills and settle debts

  • Payment of taxes and filing of last tax return

  • Clear title to estate property

  • Account for estate property

  • Distribute the estate property to heirs or devisees and close the estate

Small Estate

A small estate probate is less time consuming than a full probate but is only available in very limited situations. The court allows for a small estate probate when the total value of the estate is less than $275,000 and when real estate is valued less than $200,000,

Contested matters

The probate court is where contested matters related to wills or trusts are brought. Examples of contested matters are:

  • Decedent lacked capacity to make a trust due to their dementia

  • Decedent was unduly influenced when they made their will that gave all away to a caregiver

  • The trustee is biased and favors some beneficiaries over others

  • The accounting is inaccurate

  • The personal representative is misinterpreting decedent’s will

  • A creditor’s claim is fraudulent

Anne Creasey is experienced in all probate matters, including contested matters.