I am currently in probate court right now and waiting for the court to approve transfer of my Grandmother’s house to me. I looked up the case status online and the most recent action says this. Does anyone know what this means?

I’m not sure about other states, but in the state Ohio, it’s a form, filed by the fiduciary, giving notice to extend the administration of the estate beyond 6 months due to one (or more) of the following reasons:

1. An estate tax return must be filed for the estate.
2. A proceeding contesting the will’s validity has been commenced.
3. The surviving spouse has filed an election to take against the will.
4. The executor is a party in a civil action.
5. The estate is insolvent.

It also gives notice that an account or certificate of termination shall be due no later than 13 months after the appointment of the fiduciary.

Hope that helps.

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Can any one tell me what the process was when they went through probate court…I know there’s a lot of textbook answers out there but can anyone share a real experience with me.
Also is there anything that I need to be warned about or perhaps you could provide some useful tips.

I can share my own experience with you from IL, but I don’t think you want to know the answer. My father died almost 8 years ago, leaving a small Estate worth about $45,000.00.

The Probate Act is supposed to protect Executors like myself from harassment and frivolous litigation, but the Act itself is useless unless it is enforced by a honest judge.

In my case, the Estate was assigned to an incompetent hack who regularly ignored the law; required me to submit the same Final Account, over and over again for no good reason, and then invented excuses not to look at what was submitted; allowed one disgruntled beneficiary to defy 14 separate orders of the court, and then forced my father’s Estate to subsidize the delay; allowed a beneficiary to embezzle money from the Estate (because she was a “lawyer”) and allowed another attorney to extort money from the Estate.

By the time the incompetent probate judge finished “probating” the Estate, some four years after the fact, the Estate was bankrupt. So, my advice to you is the following:

(1) Before agreeing to become an Executor, convince the person who is the subject of the Will to create a Trust and then make sure all the assets of the Estate are titled to the Trust before the person dies (by doing this, you may avoid probate entirely);

(2) make sure the lawyer drafting the Will includes in the Will a clause whereby you are appointed as an Independent Executor (if you fail to do this, any beneficiary can ask a probate judge to have your “independent” status stripped from you and forcing you to undergo “supervised” administration–which basically forces you to go to court to get a judge’s permission before you sign a check, pay a bill, or do anything;

(3) have a lawyer insert a clause in the Will and Trust whereby any beneficiary who chooses to contest the Will or Trust automatically has their inheritance donated to charity (which will protect you as Executor and Trustee from frivolous litigation); and

(4) consider not being named Executor (which will save you years and years of grief if one of the beneficiaries chooses to harass you and abuse the Probate Act, while the probate judge looks the other way).

Probate is an archaic process that is supposed to help divide up a Decedent’s assets, but in reality does little more than feed lawyers and judges in the legal system at your expense. So, avoid it at all costs!

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My son was killed and I opened a Probate case to determine what he had, to cover burial expenses. Now not sure what to do regarding going back to court or what? I don't have a lawyer so am relying on help.

* General Duties* The general duties of an executor or administrator of an estate are to:

1. Collect the assets of the estate;
2. Pay debts and taxes owed by the decedent or the estate; and
3. Distribute the estate in accordance with the will (or, if there is no will, in accordance with the laws of intestacy).

*Initial Tasks Shortly after death, it is usually necessary to:

1. Arrange for the funeral (if there is no surviving husband or wife, children, or other next of kin). You have probably taken care of it already.
2. If there is an unoccupied residence, make sure that it and any valuables in or around it are secure.

Within Three Months of Death

1. Notify banks, employers, insurance companies, stock brokers, and others of the death, and begin identifying assets and liabilities of the decedent.
2. If appropriate, arrange for the decedent's mail to be forwarded.
3. Advertise the grant of letters by the Register of Wills. This is required by Court Rules in all states.
4. Send required written notices to beneficiaries under will and to heirs at law, with certification to the Register of Wills.

Inventory all assets and have them appraised and insured, if necessary

Collect debts owed to the estate

Check with the deceased’s employer for unpaid salary, insurance and other employee benefits

File for Social Security, civil service or veteran benefits

File for life insurance and other benefits. Note that in most cases, life insurance is paid to named beneficiaries. The Personal Representative is acting to assist in the filing of proof of death claims.

File the decedent's final city, state and/or federal income tax returns.

File state death and federal estate tax returns. Note that some states, such as Pennsylvania, provide a discount for early payment of Inheritance Taxes.

Pay valid claims against the estate. Payment of funeral bill and expenses of last illness are preferred claims. In this category, if there is health insurance, you may need to work with health insurance companies to insure that hospital and medical insurance claims are filed.

Distribute assets and obtain receipts from beneficiaries. Be careful and do not distribute to beneficiaries until after you are sure that all claims against the estate are paid. If you make an early distribution to beneficiaries and claims are later made, you will have to ask for some money back or pay the claim out of your own assets.

File accounting and other papers to finalize the estate.

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Mom died in 2004. Went to probate court and got her will authorized . Court decree says anyone in possession of anything belonging to her should turn it over to us to do as if we were initial owners. He maintains this stuff belongs to him and hints at giving it away. Can he do that? How can I get him to give the stuff up?

I believe you can get law enforcement to go with you and take a copy of the court's order giving you possession of the items. Good luck.

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Ann Jackson, candidate for Fayette County, GA Probate Judge speaks to a Republican Women’s group regarding probate court. There are three videos in total. In the first Jackson talks about her candidacy. This video is part one of her talk on probate.

Duration : 0:8:49

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Ann Jackson spoke to the Fayette County Republican Women recently. Jackson is running for Probate Court Judge. The current Probate Court judge, Martha Stephenson, is retiring.

Duration : 0:8:20

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The legal process of the distributing of the estate of a deceased individual is known as probate.
Probate is often a time-consuming and confusing process for those who are involved.
Most people lack a knowledge of the probate process because of inexperience with the process.

Probate is rarely easy, an adequate knowledge and understanding of the process can help decrease stress, and increase your confidence that everything is being done properly. Anyone involved in probate should understand the following:

1 – In cases where a valid will exists, the individual named in the will as the executor is responsible to see that the deceased?s instructions are carried out.

2- In cases where a valid will does not exist, an individual will be appointed by the court as the administrator. The administrator will perform the duties of the executor.

3 – During probate creditors of the estate are provided with an opportunity to place claims for unpaid debt. The validity of those claims is determined by the court. Any claims that are valid will be paid out of the estate.

4 – Probate court is the home of the probate process. Laws and procedures vary from state-to-state. Some states have courts with the sole responsibility of overseeing probate.

5 – Although the length of probate will vary, it will usually last for six months to one year. More complex estates will typically take a greater amount of time.

6 – Inheritance cash advances are available for heirs to estates in probate. Cash advances provide part of the inheritance upfront and help the heir to avoid the long wait required by probate.

Note: this are more  probate procedures to take into account when dealing with probate

1. Notice to Creditors

You must mail a notice of administration to each known creditor of the decedent within two to four months after your appointment as personal representative.

2. Insurance

You must mail a notice of administration to each known creditor of the decedent within four months after your appointments as personal representative.

3. Record Keeping

a. Keep accounts  You must keep complete and accurate records of each financial transaction affecting the estate. You will have to prepare an account of all money and property you have received, what you have spent, and the date of each transaction. You must describe in detail what you have left after the payment of expenses.

b. Court review ? your account will be reviewed by the court. Save your receipts because the court may ask to review them. If you do not file your accounts as required, the court will order you to do so. You may be removed as personal representative if you fail to comply.

Step by Step coverage of everything you need to know about probate, including * The basics of probate planning
* Real and personal property issues * handy sample forms, and more just to mention a few.