Months 1 thru 2
Prepare and File Petition for Probate
Probate officially starts when the court is asked to open the estate. This filing allows a personal representative to be appointed and gives them the legal power to act—knowing what’s required upfront can prevent costly setbacks.
Months 2 thru 4
Issuance of Letters of Authority
Issuance of Duties and Liabilities
Issuance of Letters of Authority
Letters of Authority are issued by the court to confirm who is legally allowed to act for the estate. With these documents, the personal representative can access accounts, handle debts, and move the probate process forward.
Issuance of Orders for Probate
Issuance of Duties and Liabilities
Issuance of Letters of Authority
An Order for Probate is the court’s approval to move forward, officially placing the estate under probate and allowing the process to begin under court oversight.
Issuance of Duties and Liabilities
Issuance of Duties and Liabilities
Issuance of Duties and Liabilities
Duties and Liabilities outline what a personal representative is responsible for—and the personal risk that can arise if those responsibilities are mishandled.
Issuance of Bond (if ordered)
Issuance of Bond (if ordered)
Issuance of Duties and Liabilities
When required, a bond safeguards the estate and its beneficiaries by providing financial protection if the personal representative does not fulfill their duties properly.
Notice to Creditors
Issuance of Bond (if ordered)
Notice to Creditors
A Notice to Creditors informs anyone who may have a claim that the estate is open and sets the deadline for submitting claims.
Months 4 thru 8
Inventory and Appraisement
Inventory and Appraisement lists all of the estate’s assets and determines their value as of the date of death.
Months 6 thru 12
Pay State and Federal Taxes
Possible Preliminary Distributions
Allow or Reject Creditor Claims
At this stage, the personal representative must file and pay any federal or state income, estate, or inheritance taxes owed by the estate.
Allow or Reject Creditor Claims
Possible Preliminary Distributions
Allow or Reject Creditor Claims
The personal representative reviews creditor claims, pays those that are valid, and formally denies any that are not.
Possible Preliminary Distributions
Possible Preliminary Distributions
Notice to Department of Health Services
Sometimes, the personal representative can make early distributions to heirs even while the estate is still being settled and debts are resolved.
Notice to Department of Health Services
Notice to Department of Health Services
Notice to Department of Health Services
The personal representative must inform the Department of Health Services if the deceased received medical benefits, so the state can determine whether the estate owes any reimbursement.
Notice to the State Tax Board
Notice to Department of Health Services
Notice to the State Tax Board
If any beneficiaries live out of state, the personal representative must notify the state tax board to ensure taxes are reported and assets are distributed correctly.
Months 6 thru 15
Claim of Exemption
A Claim of Exemption allows eligible heirs or a surviving spouse to reserve certain property, money, or household items from general distribution. For minor heirs, a parent, guardian, or court representative can file on their behalf to protect their share.
Months 6 thru 18
Receive Final Tax Letter from State and Federal
The personal representative receives a final tax letter from the IRS and state agencies, confirming that all estate and income taxes have been properly filed and approved.
Months 8 thru 16
File Petition for Final Distribution and Accounting
Hearing on Petition for Final Distribution and Accounting
Hearing on Petition for Final Distribution and Accounting
The personal representative submits a petition listing all income, expenses, and distributions, asking the court to approve the final accounting and release the remaining assets to the beneficiaries.
Hearing on Petition for Final Distribution and Accounting
Hearing on Petition for Final Distribution and Accounting
Hearing on Petition for Final Distribution and Accounting
The probate court reviews the personal representative’s final accounting at a hearing, resolves any objections, and approves distribution of the remaining assets to beneficiaries.
Order Approving Final Distribution and Accounting
Hearing on Petition for Final Distribution and Accounting
Order Approving Final Distribution and Accounting
After reviewing the final accounting, the probate court issues an order confirming that all estate obligations are met and remaining assets can be distributed to beneficiaries.
Months 9 thru 17
Distribution of Assets to Heirs
After the court approves the final accounting, the personal representative distributes the remaining assets to the heirs, following the will or state law.
Months 9 thru 18
Final Discharge Order
Final Distribution of Funds
Final Distribution of Funds
This order confirms that all estate matters are complete, all assets have been distributed, and the personal representative has fulfilled their duties under court supervision.
Final Distribution of Funds
Final Distribution of Funds
Final Distribution of Funds
After all debts, taxes, and expenses are paid, the personal representative distributes the remaining funds to heirs or beneficiaries as directed by the will or state law.