Probate is the administration of a person's assets and liabilities upon death. I offer experienced representation of clients in both routine and difficult probates. I represent both heirs and personal representatives before the Superior Court in order to initiate probate proceedings and ensure that matters proceed smoothly and efficiently.

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The probate process can be very difficult for families.

It's hard to lose someone you love, and then deal with all of the financial and legal complexities resulting from a probate. I try to streamline the probate process, and make it as simple, efficient and understandable as possible. I also try to conduct the probate in a thoughtful way, so as to avoid disputes with creditors and with family members. Probate is never fun, but I try to make it as easy as possible for families. The grieving is the hard part. The probate should not be.

Probate is the administration of an estate upon death. Specifically, "administration" simply means:

• assets are determined
• debts are paid
• property is distributed pursuant to the Will (if any) or the laws of intestate succession (the statutes governing distribution if there's no Will).

1. Initial Appointment. If there is a Will, the initial appointment should be with the Personal Representative nominated in the Will to administer the estate. If there is no Will or the named Personal Representative is unable or unwilling to serve, the appointment should be with the surviving spouse, or other family member or close friend.

For an initial appointment, it is very helpful if you bring:

• a copy of the Death Certificate,
• the original Will (if any),
• a list of names, addresses, and dates of birth of family members,
• a list of the decedent's assets and liabilities.

2. Second Meeting. During this meeting, you will sign a variety of documents to be filed with the Court. My office will draft:

• a request for you to be able to administer the estate, to serve with non-intervention powers (which means that you will have minimal interference from the court in your duties)
• proposed orders requesting the same
• a Notice to Creditors
• Notice of Appointment and Pendency of Probate
• an Oath (saying essentially that you will be honest and try to do a good job in administering the estate).

Other documents may be needed depending on the contents of the Will, or your individual circumstances if there is no Will.

3. Court Appearance. In order to initiate the probate proceeding, a court appearance will be made by my office. If you choose to go to court, you may, but it is not required.

4. Notice to Creditors. After the court appearance, once you have been officially appointed by the court to administer the estate, I will arrange for a Notice to Creditors to be published in a local newspaper.

Once the Notice to Creditors is published, generally speaking, creditors have four months to file claims. If all other work related to the estate can be completed in this four-month period, the estate can be closed shortly after the period ends. Estates often receive claims related to creditors, and my office will handle all of these claims on the estate’s behalf pursuant to the legal requirements.

5. Your Work in Four-Month Period. During this period, you need to: take possession of all assets of the deceased's estate by consolidating accounts into one estate account with a separate tax identification number, and potentially selling some assets and depositing the proceeds into the estate account. You will also inventory and value those assets; ascertain the estate’s creditors, take steps to settle the deceased's affairs as quickly as possible without sacrifice to the estate; and keep records and accounts of all transactions affecting the estate. My office will assist you in completing all of these tasks. You will want to retain a CPA to assist you in all tax matters related to the estate, which can be complex.

6. Attorney Duties. In addition to working with you on the tasks outlined above, my office will provide notices to the heirs, creditors, Department of Revenue and Department of Social and Health Services pursuant to the legal requirements for each type of notice. We will work together to create an Inventory of the decedent's assets as of the date of death, and I will provide the requisite analysis as to the classification of assets.

7. Distribution/Closure. After the four-month period for creditor's claims has expired, and all claims, taxes and fees are paid, I will work with you to make a final distribution of assets, which may be complex.

Then I will draft, file and serve all documents related to closing the estate. You will be discharged as the Personal Representative when the estate is closed.

Any questions? Please call Stacey Romberg at 206-784-5305 or contact her
by e-mail at inquiry@staceyromberg.com.