How probate works

Question

I met someone today who was venting about the probate process. She went through it a few years ago when her mom passed away, and has to do something every 3 years to "maintain it". What does "maintaining" mean? Just trying to understand how the process works.

Tom Gimer · Answer

In DC the personal representative’s appointment is automatically terminated on the 3rd anniversary of the appointment… unless extended by written request for additional 12 month periods. Why would there be a need to extend? Administration of the estate has not yet been completed… still claims being litigated or assets being marshaled and sold.

Rachan M. · Answer

You're probably right Account Closed. She has likely not closed it out properly. She says she's now working with an attorney, but when I looked up the name.. they're in the legal profession but not an attorney. All that to say, she has probably been cutting corners and hasn't set things up correctly. Also - she wants to sell the house, which is a gut job.

What should I keep in mind, or info I should ask for, as I further speak to her? Would love your thoughts as well @Tom Gimer  @Eliott Elias and others.

Account Closed · Answer

Probate is state specific, so I only know what some states out west require. Some have "small estate" regulations which are less formal than full probate (judge doesn't really get involved unless there is an issue).But in some, once she is appointed PR (personal representative) she can actually sell the property, depending on the title & escrow company you use. That doesn't relieve her from notifying all heirs, accounting for all of the funds of all accounts and bills, what was done with the proceeds, filing taxes, closing the estate, things like that. She is still responsibile for any errors and things being done correctly.

If all heirs haven't been properly notified, I suppose you could be involved in a legal tussle after the sale, if someone popped up, had a rightful claim and pressed the issue.

Eliott Elias · Answer

Probate is the legal process in which heirs get tracked down and appointed for the property to either be sold or kept within the family. It is typically a nightmare because relatives who have never even spoken to each other before have to now do business together. Parties always feel entitled to more money.

How probate works

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