How Do I Close a Deceased Parent's Estate?

Close a probate to receive the assets.

Closing a deceased parent's estate involves going through the probate process. This process can, but doesn't always, last up to several years. The more complex the estate, the longer it will take to resolve. Most states have specific rules for probate, so it may be advisable to schedule an appointment with an experienced probate attorney regarding your case.

Instructions

1. Open a probate case in the county of the deceased parent's death. File the will and the court documents with the court clerk to open the probate. Receive a copy of the court documents, possible notices and instructions and hearing dates.

2. Request the court appoint you as the executor of the estate. Show the court the will and which clause designates you as the executor. Prepare a motion to appoint you executor if none is listed in the will.

3. Prepare an accounting of all the estate assets and liabilities once you have been appointed executor. Find each creditor's name and address and any bills reflecting the amount the estate may owe. Itemize each item of the estate with an estimated value to provide to the court.

4. Notify all beneficiaries of the will. Notify all creditors by mail of the probate. Request the total amount of their bill and all documentation regarding the bill. Review the bills, when received, and negotiate a cash payout at a reduced rate if you can. Pay the bills and keep the receipts.

5. Prepare a final accounting. Include a statement of the attorney time and services in addition to yours as executor. Request payment for both of your services in handling the estate.

6. Attend the court hearing. Answer any questions the court may have. Receive a signed order allowing probate to distribute the estate and pay your fees. Distribute the assets of the estate.

Tips & Warnings

• Seeking advice from an attorney who knows probate procedures is often advisable for a complicated estate.

References

• "Dummies"; Probing Probate: What You Should Know; N. Brian Caverly, Esq., Jordan S. Simon
• Superior Court of California -- County of Alameda: FAQ's - Probate a Decedent's Estate
• North Carolina Court System: Frequently Asked Questions