Probate administration is a legal process that safeguards the estate or assets of a deceased person, ensuring they are distributed appropriately. This typically involves transferring the title of assets from the decedent to their devisees (recipients named in the will) or heirs (recipients named by law).
All wills and intestate estates must go through probate, but the degree to which the courts are involved can vary greatly, depending on the complexity of each case.
Whether or not your devisees or heirs will have to go through probate depends on how your assets were owned when you died. There are some cases when you might not have to go through this process because you either had a well-crafted estate plan or intestacy laws may not control the distribution of some or all of your assets.
Supervised probate, is a sub-category of probate administration and is often considered the most costly. This is why many people going through the process will sometimes request supervision. Supervised probate is a great legal option to consider especially when the competency of the executor of the estate is called into question by a party.
In supervised probate the court would:
- Approve the sale of the decedent’s real estate (unless the decedent’s will empowers the representative to do so)
- Allow payment to personal representatives as well as attorney fees
- Review the representative’s accounting of all revenues and expenditures
- Require prior approval of all allocations to heirs and devisees
Usually, the district courts sitting in probate – more specifically, the district court judge with the probate docket- is the supervising party that grants approval of transactions made during the probate process.
Because the district court is well known for lengthy litigation processes and heavy caseloads which oversee a multitude of legal issues (i.e. mandatory performance of discovery and written pleadings), it doesn’t take long before legal fees and court costs really start to rack up for all parties involved.
The probate process is finished when all of the deceased’s assets have been distributed, entitlements/bills are paid and tax returns are completed and taxes paid. Informal and formal probates will remain open in the courts for at least 6 months after date of death.
This is a lot of information to take in, we get it.
It can get really messy and confusing.
That’s why the last thing you would want is to be stuck in the thick of it, with more confusion and legal fees than are necessary.
If you are facing a probate proceeding, then you are going to need attorneys who have successfully navigated these murky waters before – ones who have saved time and money for numerous clients along the way, no matter the complexity of their case.
To speak with a probate administration lawyer about your probate or supervised probate case, call us at Brown & Crona, LLC at (303) 339-3750 or visit our website.