Summary Probate

Regular Probate

If there is a last will in Testament, a pour over will, or there's no last will at all, the lawyer will draft an initial petition for probate just like in the summary probate.

Once the client agrees with the writing, then the law firm will have them sign the petition and will file that petition for probate with the court clerk. The judge will order that the petition be heard at some future date usually 30 days into the future.
Probate lawyers will also publish notice of the hearing in the local newspaper and will mail a copy of the notice of hearing to all interested parties.

At the initial hearing the court will usually make four determinations:
1.does the court have have jurisdiction to hear this matter if your loved one did not live in or have Assets in that county then that County District Court may not have jurisdiction if your loved one had a house and lived in that county then that County Court probably has jurisdiction
2. is there a valid last will in Testament and should it be admitted into into the probate process
3.who should be the personal representative of the estate the executive or personal representative is usually a family member and is the person who usually hires the probate attorneys to file the probate
4.who are the legal heirs to the estate these are sometimes the beneficiaries the judge will issue an order stating exactly who those legal heirs are this is important because these legal heirs now have the legal authority to consent to the sale of real estate during being sold during the probate. it's also helpful to know whether the estate is going to be split four ways or three ways.

Once the court has made those four determinations it will usually appoint the petitioner as the personal representative, sometimes called the executor just depending on where you live.

This personal representative is charged with administering the estate of your loved one. This involves gathering and identifying all the assets, settling claims, administering the estate, and finally Distributing what is left over to all of the heirs.

Depending on your state, creditors usually have 60 days from the filing of the notice to creditors to file a claim against the estate.
If a creditor files a claim against the estate then the personal representative decides if it is valid and whether or not it should get paid. That claim then must be approved by the court before any payment can actually be made.

Next is a general inventory that lists all of the estate's assets. This list usually includes what is in the estate such as personal property mineral interest real estate and any Financial accounts.

When Real Estate or personal property needs to be sold to satisfy debts or to just have money available for distribution the personal representative will make an application for permission to sell.

Earlier I stated that the court determines the legal heirs of the estate at the initial hearing. Because the judge has made that determination, all of the beneficiaries have the legal author authority to consent to the sale of real estate or personal items by the personal representative. They must give the personal representative their permission.

 
If they do then the executor usually sells the house with a realtor and deposits the proceeds of the money into the estate bank account. This is a separate estate account, and not the bank account that your loved one had during their lifetime.
Once the personal representative has gathered all the assets paid and settled all the all the claims then and only then is the estate ready for closing. 

Avoid Probate in Midwest City Oklahoma

Consequences of not Probating your loved one's estate