How are Probate Assets Distributed in a Probate Proceeding?
After the court determines which assets are non-probate assets, (depending on state laws) the estate is typically administered in one of three ways:
•By Affidavit (Summary Administration): If the total value of the probate assets in an estate is less than your state law's specified amount (typically between $25,000 and $30,000), an heir may be able to fill out an affidavit for administering the estate. The person holding the assets would then release them to the heir without further action.
•Informal: Informal administration means the estate is not court-supervised. Normally, attorneys have limited roles in these proceedings. How much the attorney does in these proceedings depends on how much help you need.
•Supervised (Formal): A supervised (or formal) administration is needed when there is a dispute among the parties who have an interest in the estate. In this situation, the court has to settle the dispute and attorneys are likely to be involved the entire time.
Laws vary from state to state, and how estates are administered can differ greatly. The above-described are only general scenarios of typical estate administration. Check with your probate lawyer for more information.
Estate administration starts by filing a number of forms with the appropriate district court. The forms are available from Bradford Publishing or you an get them from your probate attorney's office. While the forms are not very complicated, there are a number of traps for the unwary and it is normally a good idea to get an attorney's help.
In an informal administration, once the estate is up and running, the personal representative can go ahead and pay the taxes and debts. Then, he or she distributes the probate assets either according to the instructions in the will or under the laws of intestacy if the decedent died without a will. At the end of the informal administration proceeding, an estate may be closed by filing with the court a form that states the personal representative has paid all debts and taxes and distributed the remaining property to those entitled to it.
Estate administration can take as little as six months for simple estates or up to several years, particularly if there are disputes involved. The typical amount of time estate administration takes is 7 to 12 months.
Other Probate FAQs
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Q:
How can a Probate Attorney Help Me?
A: Whether or not the estate needs to be administed in a probate proceeding, a probate attorney can help in many ways. For one thing, the probate attorney can help you … More -
Q:
What is a Probate Court?
A: In many states, the probate court serves several functions. The most common is administration of the estates of persons who die, called a probate proceeding. However, … More -
Q:
What is a Probate Proceeding?
A: In a probate proceeding, the court oversees the process of identifying the deceased person's property, paying any debts, identifying the proper heirs, and … More -
Q:
When is Probate Necessary?
A: When a person dies, their "non-probate" assets will automatically pass by law to designated beneficiaries without court supervision or intervention. … More -
Q:
Who is in Charge of Administering the Estate?
A: The personal representative (a person, bank or trust company) appointed to represent the person of the decedent is in charge of administering the estate. The personal … More -
Q:
What does the Personal Representative Do?
A: Pursuant to state law, the personal representative performs the following duties when administering the estate: •Identify, gather, value and safeguard probate … More -
Q:
Who (or What) can be a Personal Representative?
A: It depends on your state laws. However, the following are general guidelines. The personal representative: •Could be an individual, bank, or trust company, … More -
Q:
How are Personal Representatives Selected by the Court?
A: If the decedent left a valid will, the designated personal representative nominated in the will has preference to serve, and will generally be selected by the court … More -
Q:
Does the Personal Representative Need an Attorney?
A: In almost all instances the personal representative must be represented by an attorney licensed in the state in which the probate proceeding is taking place. Many … More -
Q:
What Documents Does a Personal Representative Need to Start Probate?
A: The following are documents the personal representative needs in order to start probating the estate. This list is not all inclusive, and may or may not include what … More

