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 Where to begin probate?
You must first decide whether to use informal proceedings or formal proceedings. In either case, a personal representative is appointed, and administration will proceed in an unsupervised manner. (Supervised administration is available as well, but only through formal proceeding). If it is likely that a will or distribution of assets will be contested at some point, or that the appointment of the personal representative will be contested, consider using formal proceedings. If there is
no dispute over the admission of the will and appointment of a personal representative, you can begin with informal proceedings.
To be appointed, an application for Informal Probate and/or appointment of Personal Representative (PC 557) is filed with the court.
If the application is granted (PC 568), an appointed representative files an acceptance of appointment and any required bond, and the court register will issue Letters of Authority for Personal Representative (PC 572).
The personal representative then:
• Gathers, inventories and safeguards all assets
• Has necessary assets appraised
• Pays debts and taxes
• Distributes remaining property as the will (or state law) directs
• Keeps records of how assets are distributed
• File to close the estate.
This is a simplified description of the probate process. See accesskent.com for more detailed information.
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