Step 2: Publish the Notice of Hearing - 2-3 weeks
Once you have received an official hearing date from the court, you will need to file a notice in the local newspaper telling all interested parties of said hearing. This will need to be published a minimum of three times.
Additionally, you will need to mail a copy of the hearing notice to any person named in the will, if the deceased did not die intestate (without a will).
Step 3: The First Probate Hearing and Bond Posting - 2-3 weeks
At the first court meeting, it is decided who the Administrator/Executor of the will shall be if there was a will in place. You may suggest who you want the administrator to be, but in the case of the decedent dying intestate, the court will determine who shall be appointed to that position.
Note that you may also be required to post a bond, which is a type of insurance to protect you (and the beneficiaries) in something were to go awry with the estate. This will likely be paid out of pocket and will need to be done before the administrator is granted the legal authority to handle the estate’s assets.
Step 4: Proving the Will - 1-2 weeks
This step is usually quite quick. In many situations, the will would have been signed and witnessed correctly, so the validation process is a simple formality.
If the will was handwritten or another type, this could take a bit longer. But, the process typically involves someone who knew the deceased swearing that this was their will.
Step 5: Collecting and Determining Assets - 1 to 4 months
Now that you or someone else has been named the official administrator, you are now required to collect all of the estate’s assets and determine their total value. These assets can include:
Bank accounts
Real property
Investment funds
Vehicles
Note that in some cases you may need to change the title (ownership) of an asset, so a copy of the death certificate will be required to do so.
With some exceptions, the court will require you to find a probate referee (or assign one for you) to ensure that the assets are being counted and evaluated properly.
Once all of the assets have been accounted for, the administrator will need to file Form DE-160 with the court.
Step 6: Paying Creditors and Estate Taxes - 1 to 3 months
Assuming that Form DE-157 (notice to creditors) was filed to notify all possible creditors of the estate that they should come forward with any claims, you may have a lot of IOUs on your hands. In addition to paying these creditors with the estate funds, you will also be required to pay any estate taxes, as well as the decedent’s tax returns.
Step 7: Second Hearing & Distribution to Beneficiaries - 2 to 4 months
The second hearing, as long as everything has gone smoothly, will involve the judges signing off on the final distribution of the estate, which is to the beneficiaries. During this time you may sell real estate and distribute the funds. If so, make sure to file Form DE-260 to both petition for, and let the court know that these sales have occurred.
Step 8: Closing the Estate - 1 to 4 weeks
Once all of the assets have been distributed, debts and claims paid, and receipts and other documents filed, the estate will be ready to be closed. The administrator will need to file proof of their previous actions to fulfill the wishes of the deceased. A final hearing will commence proving that all the needed steps were taken throughout the entire process and that the assets were handled correctly.
