Once all of the person’s debts and taxes are paid, then the administrator/executor can finish the probate process. The probate process cannot go any further until all of the claims and taxes are paid. In addition, the administrator/executor must use the money raised by the sale of the person’s property to pay debts and taxes in the order listed in W. This includes any funeral expenses.The administrator/executor must sell off the person’s property if the person does not have enough money on hand to pay all of the debts and taxes. The administrator/executor pays any and all claims against the person’s estate for debts and pays any taxes due. The administrator or executor can challenge any claims. The person’s creditors have 60 days to file a claim against the person’s estate, alleging that the person owes them money. Settle any Claims Against the Estate from CreditorsĪfter the administrator/executor files an Appraisement and a Nonprobate Inventory, the county clerk publishes a Notice of Administration of the Estate. The requirements for the Nonprobate Inventory are listed at W. The administrator/executor also files a Nonprobate Inventory, which lists all of the nonprobate property and its value.The requirements for the Appraisement are listed at W. The administrator/executor files an Appraisement of the Estate, listing all of the person’s probate property and its value. Whoever is appointed is sworn in before the county clerk.Form is filed, listing all of the person’s heirs and anyone receiving a gift under the person’s will. The law gives the surviving spouse preference in this process, but any heir can apply. Whoever is appointed is sworn in before the county clerk.If there is no will, then the person’s heirs apply at the county commissioner’s office to be appointed as administrator. If an executor is appointed in the will, then that person is sworn in before the county clerk.If no executor is appointed in the will, then the person’s heirs and anyone receiving gifts from the person’s estate can apply at the county commissioner’s office to be appointed as executor. If there is not a will, you should take the death certificate. Take the will (if there is one) to the county commissioner’s office and present it to the county clerk. Contact the County Clerk’s Office to Start Probate Process The Process may be different from the process described below. The probate process may vary from county to county. Failure to deliver the deceased person’s will to the county clerk’s office within 30 days is a misdemeanor offense. If you have possession of the deceased person’s will, then you must bring this and present it to the county clerk as well. To begin the probate process, you must get a certified copy of the deceased person’s death certificate and present this to the county clerk. If you have questions about where to file, you might want to contact the County Clerk’s office or talk to a lawyer. For most situations, probate will occur in the county where the person who died was living at the time of death or the county where that person had property. ![]() It is important to start the process in the right county. The Small Estate Act may apply, so you may want to read that article. What is the person who died, didn’t leave much behind? The probate process ends when the estate is closed. Any debts are paid from the person’s estate and any gifts are made from the person’s estate. An estate is all of a person’s property after their death. ![]() This process also makes sure that the person’s debts and taxes are paid and any expenses involved in the funeral are paid.ĭuring the probate process, all of the person’s property goes into their estate. Probate is a legal process that transfers a person’s property after they die. For specific questions about your situation, you should talk to a lawyer. The information in this article is very general.
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