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As the Personal Representative, you are responsible for doing the following: 2022 Collecting and inventorying the assets of the estate; 2022 Managing the assets of the estate during the probate process; 2022 Paying the bills of the estate. Making distribution to the heirs or beneficiaries of the estate.
The process of removing a personal representative begins with filing a petition or removal. An heir or interested party must file the petition with the probate court and serve a copy of the petition on the personal representative. The probate court schedules a hearing date and time to hear the matter.
Informal probate is handled by a magistrate, not a judge. There are no hearings. It is a simple, straightforward, expedited process. In fact, informal probate can be completed in as little as seven days after a loved one's death.
Formal probate involves a petition , a hearing or trial before a Judge or Court Commissioner who resolves the issues with a final court order . Informal Probate only requires an application, no hearing or trial, and is administered by a court official known as the Probate Registrar .
As a fiduciary, a personal representative can be removed for waste, embezzlement, mismanagement, fraud, and for any other reason the court deems sufficient.
If the personal representative tires of the duties associated with administering the estate, the person cannot simply resign. Rather, the court must accept the resignation before the person is free to relinquish the reigns to a different (successor) personal representative.
Informal probate allows the estate to be probated through an administrative process without any court involvement and no court hearings.Formal probate is necessary if the decedent left a will but the original will cannot be located.
Informal probate allows the estate to be probated through an administrative process without any court involvement and no court hearings. The estate is opened by an application and can be opened the day that the application is filed, or within a few days.
More often than not, however, probate will wrap up in about six months to one year. Some estates, however, can take years to go through probate. If there is any issue with the will or any contests to the will, probate can take even longer.