Paralegal School:  Estates and Trusts

The probate steps in Estates in paralegal school

How to handle a loved one’s estate is important and part of Estates in the AIPS paralegal school. The procedure for probating an estate can be complicated, but is taught in paralegal school.

The first step is filing a petition with the court. If there is a will, a petition for probate is filed asking the court to allow the will and to appoint the petitioner as the executor of the estate. If there is no will, then a petition for administration is filed by heirs, next of kin or creditors asking the court to appoint someone to administer the estate.

Notice is then given to interested parties.  After the probate court receives the petition for probate or petition for administration, it issues a citation which requires the petitioner to notify all interested parties that a petition has been filed. If there is a will, it must be proved after the court issues the citation. A will can be proved through a self proof clause in the will. Next, a bond is given by the personal representative or executor, unless the will provides otherwise.

Next, letters are issued by the court. Where there is a will, the court will issue letters of testamentary that gives the executor the authority to carry out the administration of the estate according to the terms of the will. Where there is no will, the court will issue letters of administration which gives the personal representative the authority to carry out the administration of the estate. Then an inventory is filed which is a detailed list of the assets of the estate. Next, public notice is given to creditors so they can have a chance to file any claim against the estate.  After the claim deadline, debts, taxes and expenses are  paid from the estate. Whatever is left is distributed to the beneficiaries. Finally, a final account is filed which lists everything that has been received and disbursed during the estate’s administration.

Paralegals working in probate law need to be aware of the procedures in administering an estate and the applicable state laws.  You can learn more about probate at the American Institute for Paralegal Studies paralegal school.

To find out more information on the paralegal school Estates class visit

http://www.youtube.com/AIPSParalegal or the curriculum page of the AIPS website (www.aips.com).