What is Involved in the Probate Process?
The person seeking appointment as a personal representative should retain a lawyer for advice on legal matters in connection with their appointment and the conduct of the probate proceedings, as there are many rules of law which govern both the procedural and substantive aspects of the probate process. Once the appointment has been made, the personal representative, under the guidance and direction of his attorney, generally will do the following: • take possession of and preserve the general property of the decedent; • collect all income such as rents, interest or dividends; • make demand and collect all notes due the decedent; • assist in determining the name, age, and residencies and degrees of relationships of all heirs of law and next of kin; • complete any pending lawsuits in which the decedent had an interest; • carry out all orders and judgments of the probate court; • complete any necessary tax returns and pay all federal and state taxes; • pay the valid claims of creditors of
