If someone close to you has passed away, it may be time to begin the probate process. Overseen by the court, it involves gathering the deceased’s assets, paying taxes and outstanding debts, and dividing possessions and property among inheritors. Before you delve into the task at hand, it’s important to learn the first key steps. 

3 Steps to Take to Start Probate

1. File a Petition & Provide Notice

First, you will need to file a petition in probate court. If the deceased has a will, then a judge will appoint an executor to manage the proceedings and notify the heirs and beneficiaries who may opt to agree or object to the terms. If the decedent does not have a will, then the court will appoint an administrator as the legal representative of the estate. 

2. Notify Creditors

Once the executor or personal representative receives a court order, they must notify all applicable creditors to comply with state law. If a creditor wants to make a claim on assets or the estate, the motion must occur within four months. The representative must then conduct a complete inventory of the decedent’s probate property. In some cases, the court will appoint an appraiser to value the assets.

3. Pay Debts & Taxes

Next, the representative must pay off legitimate creditor claims. In some cases, the representative may possess the authority to sell assets to pay off outstanding debts and taxes.

Usually, probate involves extensive paperwork and little court supervision. However, if relatives and creditors begin disputing assets, then the court will need to intervene.

For the support you need to ensure a smooth probate process, consult the experienced attorneys at the Shelton Law Firm. Based in Chariton, IA, the premier law office can ease the burden during this difficult time by providing necessary legal guidance. To learn more about them, visit the website. To schedule a complimentary consultation, call today at (641) 774­-5956.