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Wills Contests
Estates and Probate - Probate
What is a Probate Court?
Probate courts perform special, distinct judicial functions. Most commonly, probate courts are responsible for the proper administration of estates. Such proper administration usually involves the following:
- Determining the validity of a will;
- Appointing an executor or administrator of the estate;
- Overseeing the marshalling (securing) and proper preservation of estate assets;
- Overseeing the payment of the proper creditors of the estate;
- Overseeing the payment of taxes to which the estate is subject;
- Overseeing the final and proper distribution of the "net" estate.
In addition to estate administration, probate courts often conduct special judicial proceedings including adoption, conservator and trust administration proceedings.
What is an Executor or Administrator of an Estate?
An executor or administrator is responsible for the proper administration and distribution of an estate. Appointed by the Probate Court, executors and administrators are accountable to the Court and must demonstrate that they properly and fully discharged their responsibilities. These responsibilities include the following:
- Securing, maintaining and preserving the assets of the estate:
- Preparing and filing an inventory of the estate's assets;
- Ascertaining and paying the legitimate debts and liabilities of the estate;
- Preparing and filing tax returns for the estate and paying the taxes owed by the estate (using estate money to do so);
- Preparing and filing a final accounting of estate assets, liabilities, income and losses;
- Submitting a proposed final distribution of the estate so the Court can review and approve it
- Distributing the "net estate" in accordance with the court-approved final distribution plan.
Executors and administrators are usually entitled to reasonable compensation for their services. However, the Probate Court must review and approve the payment of such compensation.
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