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The estate administration process begins when the executor presents the will for probate. It may also start when an interested party petitions a court to appoint them as an intestate decedent's estate administrator. The interested party petitions the probate court where the decedent lived or owned property. Here's a general idea of when to handle specific steps for a typical estate administration. This basic timeline applies when no interested parties object. An interested party's objection to the will or petition could cause a delay.
Months After Death Estate Administration Task Description
1 to 4 months Notify people and institutions of the deceased person's date of death. Provide a copy of the death certificate to institutions such as:
Life insurance company
Social Security Administration
State office of social services (if the decedent received certain government benefits)
U.S. Department of Veterans Affairs, where applicable.
Prepare and file a “petition for probate” or a “petition for letters of administration” by:
A court hearing on the petition may be scheduled. If so, gather all important evidence.
The probate court issues the following documents, as applicable:
File an estate bond (if ordered).
Provide notice to creditors to make claims.
Publish notice in local newspaper.
Request an estate EIN number from the IRS.
Open an estate bank account.
Provide notice to the IRS of the appointment of a personal representative.
Complete estate inventory and appraisal of personal property to calculate the value of the estate.
Collect any owed rent or property allowances.
Initiate lawsuits to collect any debts owed to the estate.
Sell any real or personal property in an estate sale.
Gather and collect any insurance policies in which the estate is a beneficiary.
Provide the heirs and beneficiaries with a copy of the estate inventory and/or an accounting of the estate.
Pay bills:
Accept or deny creditor claims.
Enter into negotiations with outstanding creditors for any debt reductions.
Provide notice to franchise tax board (if the heir is an out-of-state resident).
Present the heirs and beneficiaries with a final accounting.
File a petition for final distribution and accounting.
Receive tax clearance letters from IRS.
Hold hearing on the petition for final distribution and accounting.
Get order approving final distribution and accounting.
Distribute assets to beneficiaries and heirs (including deeds transferring real property).
Request acknowledgments and release of liability from all beneficiaries and heirs.
Get final discharge order.
Finalize distribution of estate funds, concluding the estate administration.
Note: The above timeline may not apply to cases with more complicated issues or potential lawsuits.
Probate and Estate Administration Costs and Fees
The probate process and estate administration involve certain fees and costs. These can include:
Attorney’s fees
Personal representative fees
Court costs
These fees typically come out of the estate itself. Probate can be costly and time-consuming. Thus, people look for options to avoid probate.
Get Legal Advice From a Probate Attorney
Navigating the probate process requires you to know and follow the rules and procedures found in your state’s probate code. While court staff will be there to help, a probate lawyer can ensure the process runs as smoothly as possible, even when you face the unexpected. Some states require an attorney to proceed in probate court. Contact a local probate lawyer for help with the process.
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