Probate Process for an Independent Administration of a Probate Estate

Each state sets their own probate procedure.  In states, other than Florida, you can either have an independently processed probate estate or a supervised probate estate where the court oversees the administration of the estate.

In states such as Texas, Missouri, and California, Independent Adminstration is allowed.  The process is initiated when the executor files the petition to file probate and to be appointed executor. The notice of this petition needs to go to all of the heirs, to provide them the opportunity to object to the executor being appointed, they then can appear at the hearing. Once the petition has been filed with the proper ancillary documents the hearing is held and the court will admit the will to probate. At this time, the will governs the probate case. The Letters of Office are issued and the executor is granted authority to collect the assets, liquidate as necessary, and pay off creditors.  Once the Letters of Office have been issued the executor has to inform third parties (financial institutions, creditors, etc) that someone has the legal authority to act on behalf of the decedent’s probate estate.  There also must be a published notification in the newspaper for three straight weeks to inform unknown creditors.  The unknown creditors have six months to file claims after the original publication.

At the initial hearing, there is typically a final hearing date set about a year out to give time for creditors to be paid, real estate to be liquidated, and assets to be distributed. During this year, the executor will collect the assets and create an inventory, a list of all the assets, and this inventory list gets distributed to creditors and interested parties. Once the inventory has been prepared, then the accounting is prepared. The accounting lists the assets and how they are going to be paid out to creditors and heirs. Court costs, administration and legal fees gets paid first, then creditors, then heirs according to the terms of the will. If there is no will, state statue will determine who receives payouts.

Anyone who receives money from the distribution must sign the receipt of distribution. The receipt of distribution is returned to the executor.

Once the inventory, accounting, and receipts of distribution have been settled the executor is ready to close the estate. The executor prepares the verified final report, the court closes the probate case and dismisses the executor if everything goes smoothly.

This is the process in some states other than in Florida.  If you are residing in Florida, you must adhere to the Florida Statutes.  In most cases you will need a probate lawyer in Florida to handle the estate.  There are a few exceptions, very small estates and where the executor is the sole beneficiary.  

To find out more, please contact our office at 941-256-3965 and speak to a team member today.