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probate and administration

I. Initial Client Consultation

Obtain client information and establish relationship.

Discuss the client’s needs and objectives.

Gather preliminary information about the deceased (e.g., full name, date of death, last known address).

Explain the probate process and timelines to the client.

Assess whether the deceased left a will or if intestacy laws will apply.

II. Gathering Documentation

Request a copy of the deceased's will, if applicable.

Collect death certificate(s) from the client.

Obtain a list of the deceased’s assets and liabilities.

Gather information on beneficiaries and heirs.

Request financial statements, property deeds, and any relevant legal documents.

III. Filing for Probate

Determine the appropriate probate court jurisdiction.

Prepare and file the petition for probate with the court.

Notify all interested parties (beneficiaries, heirs, creditors).

Publish notice of probate as required by state law.

Schedule and attend the initial court hearing.

IV. Estate Inventory and Valuation

Conduct a thorough inventory of all assets and liabilities.

Obtain appraisals for real estate, personal property, and business interests.

Document all debts and claims against the estate.

Prepare an estate valuation statement for court records.

V. Administration of the Estate

Identify and secure estate assets.

Open an estate bank account for managing estate funds.

Pay any outstanding debts and taxes owed by the deceased.

Distribute assets to beneficiaries as per the will or intestacy laws.

Keep accurate records of all transactions and communications.

VI. Final Accounting and Closing the Estate

Prepare a final accounting for the court and beneficiaries.

Obtain approval from beneficiaries for the final accounting.

File a petition for final distribution with the court.

Ensure all taxes and debts are settled before closing the estate.

File a closing statement and request discharge from the probate court.

VII. Post-Administration Follow-up

Provide copies of final estate documents to beneficiaries.

Address any potential disputes or claims that may arise post-death.

Maintain communication with the client regarding any ongoing estate matters.

Review the administration process for lessons learned and improvements for future cases.

This checklist serves as a comprehensive guide for law firms handling probate and administration matters, ensuring that all necessary steps are taken in an organized manner.

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