Heirs? Wills? Distribution of assets? These were words I heard before but couldn’t quite understand what all of it meant until I began studying the O’Connor’s probate books. 

Luckily for you, I've dwindled down my stack of notes into just eight steps to help you get started. If you’re a paralegal or legal assistant who’s new to probate, below is a simplified step-by-step of the probate process.

Step 1: Initial Client Interview

1. Schedule the Interview: Arrange a meeting with the client to discuss their probate matter. Typically this is done by the attorney, and you’ll most likely schedule the meeting for them. 

2. Gather Information: Obtain details about the deceased (decedent), their assets, debts, and family members. Getting as much information as you can will lessen the back-and-forth communication down the road. 

3. Document Gathering: Collect relevant documents such as the decedent's will, trust documents, financial statements, and any relevant contracts. You will also need to grab the death certificate as well to either file with the application or take it to the hearing. 

Step 2: Assess Jurisdiction and Venue

1. Determine Jurisdiction: Identify the appropriate court where the probate proceedings should take place based on the decedent's residence or location of assets.

2. Evaluate Venue: Confirm the correct county within the jurisdiction where the probate should be filed. Oftentimes in more rural areas, a property can fall under two counties. You will need to run a search on the deed to the decedent’s residence to verify you have the correct county. 

Step 3: Initiate Probate Proceedings

1. Prepare Application: Draft and file an application for probate or administration with the court.

2. Notify Interested Parties: Serve notice of the probate proceedings to heirs, beneficiaries, and creditors as required by law.

3. File Necessary Documents: Submit the decedent's will (if any) and death certificate along with the application. Double check with the county’s clerk on which documents they will need filed and what fees are to be attached. 

Step 4: Manage Estate Administration

1. Identify Assets and Liabilities:

   - Compile an inventory of the decedent's assets (real estate, bank accounts, investments, personal property). This is where the initial information you gathered will come in handy.

   - Determine and address outstanding debts and liabilities of the estate. Typically the applicant will already have an idea of what is owed on the estate. 

2. Administer Estate:

   - Maintain estate assets during the probate process.

   - Ensure ongoing management of property and investments.

   - Distribute assets according to the decedent's will or state law (intestate succession) if no will exists.

Step 5: Handle Claims and Disputes

1. Review Creditor Claims: Evaluate and respond to creditor claims against the estate. Sometimes the applicant will receive these letters or the attorney will. 

2. Resolve Disputes: Address any challenges to the will or disputes among beneficiaries or heirs. It would be up to you to schedule a meeting with your attorney and the parties involved to go over any outstanding issues. 

Step 6: Prepare and File Reports

1. Accounting: Maintain accurate records of estate transactions, income, and expenses. This is typically done by the applicant.

2. File Reports: Prepare periodic reports for the court detailing estate administration activities.

Step 7: Finalize Estate Settlement

1. Prepare Final Accounting: Compile a final account of estate activities and distribution.

2. Petition for Distribution: File a petition with the court requesting final distribution to beneficiaries.

3. Close Estate: Obtain court approval to close the estate once all debts are settled and assets distributed.

Step 8: Post-Probate Actions

1. Tax Filings: Most attorneys will ask that the applicant meet with a financial advisor in preparing and filing any necessary estate tax returns.

2. Finalize Legal Proceedings: Close any outstanding legal matters related to the estate.

Additional Tips:

- Stay Organized: Maintain thorough records and documentation throughout the probate process. It doesn’t happen often, but sometimes issues will pop up and you will need to file additional documents in the matter. 

- Communicate Effectively: Keep clients informed of progress and legal requirements.

- Adhere to Deadlines: Ensure all court filings and notifications are completed within specified timeframes.

If you’re a new probate paralegal or legal assistant, take a deep breath. In probate, it’s not the end of the world if you file the wrong document. You’ll find that a lot of the process can be fixed. Take it day by day and you’ll be a pro in no time!

If you’re an attorney seeking assistance in your estate planning and probate law practice, please feel free to contact me at raquel@personalparalegal.com to book a free discovery call and discuss how I can best assist you and your law firm.

Sincerely, 

Raquel Alonso

Personal Paralegal