PROBATE QUESTION # 1…..
posted by bruceE @ 9:03 PM
Friday, March 5, 2010
A reader asks…….Who starts this process ?
A formal written petition to the court along with a filing fee must be submitted to the court to start the probate process.
One of the courts first jobs is to approve or appoint someone to handle the affairs of the estate. This person is called the executor, administor or personal representative depending upon the rules of the state/prov, and whether the decedent died with or without a Will.
We will call this agent of the estate a “personal representative”.
Generally, the first thing the personal representative does is hire an experienced probate attorney, although that may not always be a legal requirement.
In many cases, hiring an attorney may become a practical necessity because probate paperwork and filing procedures can be very comlex.
Another step to follow.
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