Free Estate Planning Forms

Pennyborn.com

Estate Planning

Financial Decisions

Title to Property

Social Security Benefits

Domestic Partners

For Women

State Laws

Newsworthy Cases

Estate Plan Tips & FAQs

Glossary of Terms A-G

Glossary of Terms H-N

Glossary of Terms O-Z

Unequal Shares

Dying Without a Will

Wills & Trusts

Types of Wills

Living Trusts

Other Types of Trusts

Trust Law

Fatal Errors in Execution

Codicils/Amendments

Inheritances

Will & Trust Disputes

Disinheriting an Heir

Community Property

Change My Will

Specific Bequests

Making Specific Bequests

Medical Decisions

Living Wills

Health Care POA

Medical Decision Laws

Terminal Illness

Right to Die

DNR Orders

Advance Directives

Children

Guardianship

Single Parents

Blended Families

Special Needs Trusts

College Funds

Medicaid for Children

Gifts to Minors UTMA

Adopted Children

NonMarital Children

Dependent Adult Child

Child Guardian Letter

Lump Sum Inheritance

Estate Taxes

Gifts and Gifting

Charitable Giving

The Marital Deduction

Find a Tax Professional

Generation Skipping Tax

Inheritance Tax

Estate Tax Info

Pets

Pet Trusts

Pet Retirement Homes

The Law on Pet Trusts

Funding Pet Trusts

Letter to Pet Guardian

Pet Owners Estate Plan

Pet Trust Info

Memorial Preferences

Funerals & Services

Cremation

Burial Options

Funeral/Burial Expenses

Organ Donation

Disposition of Remains

Funeral PrePaying

Write an Epitaph

List of Epitaphs

Burial Assistance

Write Last Wishes Letter

Life Insurance

Types of Policies

Viatical Settlements

Insurance Companies

Life Insurance Trusts

On Adult Children

Financial Planning

IRA's & Your Estate Plan

401K's & Your Estate Plan

Annuities & Your Estate

Find a Financial Planner

Long-Term Care Insurance

LTC Policy Fine Print

Inherited IRA's

Charitable Gift Annuities

Small Business

Types of Entities

Shareholders Agreements

Business Succession Plans

Selling the Business

Need for Liquidity

Estate Plan Checklists

POA Checklist

Probate

Probate of Small Estates

Probate an Estate

Probate Questions

Probate Lawyer

Executor Bonds

Free Probate Guide

Estate Administration

For Executors

Executor Checklist

Executor Powers

Creditor Claims

Estate Property Form

Tax Returns Due

Safe Deposit Boxes

File Will of Deceased

Death Certificate

Conservatorships

State-Specific Info

Issues facing Seniors

Tips for Seniors

Info for BabyBoomers

Long Term Care

Assisted Living

Medicaid Planning

Dementia & Wills

Funerals and Medicaid

Need More Help?

Finding An Attorney

Legal Aid

Prepaid Legal Services

Trust Companies

Funeral Planning Help

About Us

Contact Us

Advertise With PennyBorn

Terms of Use

Privacy Policy

Promote Your Book

Books & Software

Estate Planning Books

Software

Will & Trust Books

Books About Probate

Funeral Planning Books

Medicaid Planning Books

Books for Trustees

Living Will Books

IRA 401k & Annuity Books

Estate Tax Books

Long Term Care Books

Last Wishes Planners

Free Estate Planning

Free Estate Plan Forms

Last Wishes

Estate Plan Coversheet

Estate Planning Worksheet

Pet Guardian Form

Contesting a Will

Holographic Wills

Undue Influence

Proving Undue Influence

More About Trusts

QTIP Trusts

CharitableRemainderTrusts

PowerofAppointment Trusts

Spendthrift Trusts

Dynasty Trusts

Minor's Trust

Crummey Trusts

Irrevocable Trusts

Terminate a Trust

Guide to Living Trusts

Benefits of Living Trusts

Living Trust Checklist

Living Trust Property

Revoke Living Trust

Forms for Trustees

For Successor Trustees

No-Contest Clauses

CA No-Contest Clauses

Trust Administration

For Trustees

Trustee Checklist

Living Trust Accounting

Trust Accounting

Open Trust Account

Administer a Trust

How to End a Trust

Trust Law Sources

Estate Planning Blog

Estate Planning Forum

Blog Archives

November 2009

December 2009

January 2010

February 2010

March 2010

April 2010

June 2010

July 2010

August 2010

December 2011

Farms & Land

Conservation Easements

Celebrity Estates

Disinherited

Celebrity Epitaphs

Elizabeth Taylors Estate

Spouses & Partners

Spousal Share

Partner's Share

Joint Wills

Required to File Will

Disinherit-a-Spouse

Title-Property-Disinherit

Legacy Planning

Unwanted Pets

Animal Charities

Make an Estate Plan

Parent's Estate Plan

Estate Planning Tips

Estate Plan Letter

Guardianship Letter

Estate Plan Letters

Letter to Guardian

Letter to Child Guardian

Parents Second Marriage

California Estate Plans

California Living Will

CA Estate Planning Books

Interesting Stuff

Quotes on Death and Dying

Quotes on Inheritance

Memorable Epitaphs

Unique Last Wishes

Popular Last Wishes

Non-Probate Transfers

Pay on Death Accounts

Transfer on Death

Debts of Deceased

Parents Debts

Parents Nursing Home

Debt Collectors

Form Letter to Collector

Deceased Spouses Debts

Funeral Planning Guide

Best Funeral Songs

Last Wishes Letter

How to Plan Your Funeral

Estate Planning Deeds

Trust Transfer Deeds

Tenants in Common

Medicaid Estate Recovery

Joint Tenants

Tenants by the Entirety

Greedy Heirs

Adult Child's Inheritance

Protecting Parents From

Greedy Siblings

Estate Planning Questions

Safe Deposit Box

Leave Stock in Your Will

Questions-About-POAs

Stepparents Estate Plan

Medicaid Annuity

Medicaid Annuities

Medicaid Planning Annuity

Protect Your Family

Preparing for 2012

Heirs and Beneficiaries

Debts Owed to Deceased

 
Probate an Estate
Important Information About How to Probate an Estate

After the death of a loved one, the last will of the deceased must be promptly filed with the probate court. Contact the probate court to find out how many days you have to file the will.

Do not assume you can legally act as the executor of the decedent’s estate simply because you are named executor in the decedent’s will. You may need to be approved or qualified for appointment by the probate court before you are authorized to administer an estate.

If you are the executor of the deceased person’s estate, contact a probate lawyer immediately for information about your duties and the probate process. Even if you ultimately decide not to hire an attorney, contact a probate attorney for preliminary information about what is involved, your options, and important problems you may encounter in the probate of an estate. The probate court staff cannot provide legal advice, assist in the preparation of probate court forms, or help with transferring title to assets of the deceased. In some states you must be represented by an attorney to probate an estate.

Find out the deadlines that apply in your state to the probate of an estate. If you are the executor, it is critical you meet all deadlines and probate the estate in accordance with applicable laws.
If the decedent had a living trust, do not assume that no portion of the decedent’s estate is subject to probate. It is common for people to execute a living trust and then fail to fund the trust properly by transferring title to all their property to the living trust. Examine how title to each asset in the estate is held. If any asset is titled in the name of the deceased rather than the name of the living trust, it may be subject to probate.

If the deceased owned property in more than one state, consult a probate lawyer regarding whether you need to go through probate in all states where the decedent owned property.

Do not assume the decedent’s estate is so small that it is exempt from probate or that all the deceased’s property automatically passes to his surviving spouse without probate. For example, if the deceased owned real estate titled in his name alone, a probate proceeding may be required, regardless of the value of the real property, depending on the state. Consult a probate attorney for information about whether any portion of the estate is subject to probate under applicable state laws.

The personal representative of the estate must use diligent efforts to notify all creditors of the decedent’s estate about the probate proceeding. Also, the personal representative must ensure that legitimate creditor claims, taxes, and expenses of the decedent’s estate are paid before distributions are made to the deceased’s beneficiaries.

The personal representative must file an inventory and accounting of the decedent’s estate with the probate court. Detailed supporting documentation such as cancelled checks, invoices, receipts, bank statements, and other financial records may also have to be filed with the probate court.

Many free forms for the probate of an estate are available from your local probate court. Visit the probate court’s website for information about what forms are available online. You can also visit the probate court in person for more information.

Legal Terms Used in the Probate Process

If you are involved in the probate of an estate, you may have to complete a variety of probate court forms which use legal terminology. Refer to our Glossary of Estate Planning, Trust, and Probate Terms for the meaning of terms used in probate and estate administration.

 

Forms Needed to Probate an Estate

Every estate is unique. If the estate you are administering is subject to probate, the types of forms required will depend on the specific property in the estate, the heirs or devisees to the estate, the applicable state laws, and the rules of the local probate court. Probate courts usually provide some probate forms for settling an estate free of charge as a public service. Other documents used to probate an estate must be drafted by an attorney. The types of forms needed to probate an estate may include:

Affidavit in Support of Search of Decedent’s Safe Deposit Box;

Petition for Appointment of Administrator Form;

Petition for Probate of Will and Appointment of Personal Representative;

Proof of Will or Probate of Will Form;

Acceptance of Appointment as Personal Representative Form;

Administration With/Without Sureties Form;

Petition for Order Declaring No Administration Necessary;

Notice of Hearing on Petition;

Bond of Executor, Personal Representative or Administrator Form;

Inventory of Decedent’s Estate;

Petition for the Sale of Real Estate;

Petition for Letters of Administration;

Petition for Letters Testamentary;

Notice of Appointment as Administrator;

Affidavit to Claim Against Estate;

Demand for Notice;

Affidavit of Collection of Personal Property of Estate;

Appraisal Form;

Accounting by Personal Representative;

Notice of Filing of Accounts;

The above list of probate forms is not an exhaustive list of the types of forms used to probate an estate. The names of the forms vary from state to state. If you are involved in the probate of a decedent’s estate, contact the probate court with jurisdiction over the estate for information on the forms that should be used and consult a probate attorney for assistance with probate procedures in your state. You will also need to obtain several certified copies of the death certificate.

More Info About Probate and Duties of Executors

To learn more about the probate process, how to avoid probate, and the duties of the executor or personal representative of an estate, The Complete Probate Guide and How to Settle an Estate are excellent reference guides.


 

Home    Copyright © 2009-2012 Pennyborn Planning.  All Rights Reserved.  Pennyborn and Pennyborn.com are trademarks of Pennyborn Planning and may not be used without written authorization of the company. No part of the content displayed on this site may be reproduced, copied or distributed without prior written permission of Pennyborn Planning.  INFORMATION CONTAINED ON THIS SITE, INCLUDING ARTICLES, ESTATE PLANNING FORMS, AND THE ESTATE PLANNING BLOG, IS NOT LEGAL ADVICE.  All content on Pennyborn.com is for educational, informational purposes only. Your use of this site does not create an attorney client relationship.  If you send us an email, that does not create an attorney client relationship.  We make no representations or warranties regarding the accuracy or completeness of any content or forms displayed on this site.  Do not rely on this site as a substitute for professional advice.  When taking any action regarding any matter discussed on Pennyborn.com, consult a licensed attorney, tax professional or financial planner familiar with the laws of your state and your personal circumstances to obtain current and complete guidance.