Many people refer to estate administration as "probate". The estate administration process begins when a personal representative, usually a family member or close friend of the decedent, locates the decedents original will. "Probate" refers to the action of submitting the will to the Clerk of the Circuit Court with proof that this will is valid (this is usually accomplished by witness signatures to the will itself).
Once an executor or administrator ( also referred to as a "personal representative") has qualified with the Court, the personal representative has certain forms and notices that must be provided to the beneficiaries of the decedent's estate. In many cases, an inventory of the estate must be filed with the appropriate Commissioner of Accounts. There are many other duties required of the personal representative which can become overwhelming; therefore an attorney can become a valuable resource to assist you with the process. Our firm can assist personal representatives in the following areas:
• Qualification with the Circuit Court
• Obtaining and opening an estate identification number with the IRS
• Filing an inventory and preparing the required notices with the beneficiaries of the estate
• Assistance with filing of the accountings with the Commissioner of Accounts
• Locating assets and paying debts owed by the estate
• Assisting the personal representative with small estates or insolvent estates
• Dealing with special problems in estate administration, including removal of fiduciaries, special asset problems, and suits for guidance with the Court