PDX Law Group can help you through the probate process.
If you have been appointed a personal representative or are a beneficiary of a will, we can help you understand what’s entailed and what your rights and responsibilities are. We have over 16 years of combined experience and our team is here to deliver the advice and guidance you need from start to finish.
Probate is a court process an estate must pass through before a decedent’s assets and property are distributed to beneficiaries. Essentially, probate is a way to avoid fraud and ensure the decedent’s financial obligations are taken care of.
Probate begins after a person’s death. If the person had a will, the court ensures it’s valid. It will then appoint a personal representative to handle various matters concerning the decedent’s estate. The PR may either be the individual named in the will or, if the decedent did not have a will (called “intestate”), someone the court assigns to serve in this role. The executor can be a family member (if someone is available and willing to take on the role) or a third party, such as a bank or lawyer. When a person serves as an executor, their duty is to ensure all the decedent’s financial matters are taken care of. They then distribute assets according to the will or state laws.
The services we typically perform in connection with the probate of an estate include:
- Advising you about whether a probate is required or recommended.
- Preparing the documents necessary to initiate the probate. These include the Petition for appointment of the personal representative, Limited Judgement Appointing Personal Representative, filing a bond where necessary, publication of Notice to Interested Persons, and Providing the required information to Heirs and Devisees.
- Assisting the personal representative in opening the estate’s bank account and determining which creditors to pay and when, examining and assisting the personal representative in denying contested claims, assisting the personal representative in gathering the information to prepare the state and federal income tax returns for the period up to the date of the decedent’s death, assisting the personal representative in gathering the information necessary to prepare and file of state and federal death tax returns, filing of the required probate documentation such as an inventory of the estate’s assets, and simple non-complex services in connection with the sale and disposition of assets of the estate.
- The personal representative will need a Certified Public Accountant, to prepare the estate’s tax returns. Working with the personal representative to prepare and file the documents necessary to close the estate, including the preparation and filing of the Final Account, preparation of the General Judgment approving the Final Account and authorizing distribution of assets, preparation and filing of the documents necessary to acquire the Supplemental Judgment closing the estate and discharging the personal representative.