When a decedent does not have a Trust and leaves an estate that exceeds the small estate limits, a full probate administration must be utilized in order to marshal the estate’s assets, pay the creditor claims, and distribute the remaining property to the beneficiaries.  A standard Petition for Probate requires at least six months from opening to closing, but one year is a much more realistic timeline, assuming that there are no delays. 

It is important for a party filing a Petition for Probate to consult with an attorney so that the process can be managed most efficiently from the very beginning.  For example, the Petition must know whether it may apply for Independent Administration of Estates Act (IAEA) authority, which allows the personal representative much greater authority to administer the estate without the need for further court intervention.  The Petition must also consult the local rules, which are often very nuanced and require certain additional documents or information to be filed with the initial petition.  It is not unusual for a Petition for probate to have a few defects.  Qualified counsel, will be able to review the probate notes in advance of the hearing and cure any defects in time to avoid delay.  This includes ensure that all notice procedures are complied with including notifying all relatives and necessary persons by mail and also publishing notice in a local paper.

Probate Administration

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