Yes. Personal representatives get reimbursed from the estate funds for any out-of-pocket expenses they incurred in managing and settling the estate. Moreover, personal representatives get compensation as defined by statute, usually between 2%-4% of the value of the...
You may be able to transfer the decedent’s property to yourself through a Spousal Property Petition, which is generally a much faster process than the formal probate process.
Yes, there are filing fees for initial petitions for probate, for a response or objection to a petition for probate, and for other petitions relating to the administration of an estate. There are also often additional fees for court reporting services to make a record...
First, probate proceedings must be commenced in the state where the decedent lived. Then, “ancillary probate” proceedings need to take place in the state where the real property is located. The laws of that state will govern those proceedings and may affect who gets...
You will need to file a Petition for Probate and pay the filing fees. There are specific forms that can be used for various probate petitions, including a Petition for Probate. If there is an original will, it should also be submitted to the probate...
You will have to speak to a private attorney of your choice to get legal assistance. The probate court does not appoint counsel for probate proceedings, and the court’s attorneys and personnel are prohibited by law from providing any legal...
A Probate Examiner reviews the content of petitions and documents filed with the probate court to ensure technical legal requirements have been met before the probate court takes any action regarding those petitions or documents. This substantially reduces the time a...
Probate notes are tentative rulings on the various petitions before the probate court, and often detail technical deficiencies that a party must resolve before the probate court will make a...
An amendment corrects incomplete or incorrect information in a previously filed petition. An amendment should identify the document that is being amended (for example, “Amendment to Petition for Probate”). If the original document was verified, then the amendment must...
A supplement is similar to an amendment, except that a supplement adds missing information that was excluded from the previously filed petition. A supplement should be prepared in the same manner as an amendment.
An Amended Petition is used when there is a significant amount of corrected information for a previously filed petition, and is effectively a do-over of the previous petition. An Amended Petition usually needs to be noticed to interested persons, even if proper notice...
Parties may often appear telephonically or via remote video technology. There are statewide rules and additional county-specific rules for making such appearances.
When a petition has technical errors that cannot be corrected by the hearing date, then the probate court will continue the hearing and provide you with a new court date. This is intended to allow the problems to be corrected before the new court...
Interested parties who have received notice of the hearing can file objections to the petition. This makes it a contested matter which may require a formal evidentiary hearing or trial.
