Probate Manual

PROBATE MANUAL

I understand that this is a difficult time, dealing with a difficult event. This manual is intended to give direction, smooth the process, meet the wishes and intents of the deceased, support the rights of heirs, and meet the requirements of the government and public.

As soon as possible:

  1. Complete the attached Client Information Worksheet.

  2. Is there a Will

    1. If so, apply to the County for the Probate of the Will and the request for letters Testamentary

      1. Obtain original Will for recording at the county

    2. If not, notify the County of the death being intestate

    3. If it is believed there is a will but it cannot be located…..

    4. Are there any codicils?

    5. Have they been documented?

  3. Are the beneficiaries of the will local or are they to be notified by mail?

    1. Can the addresses of the beneficiaries be obtained quickly?

    2. Create the notification letters for the beneficiaries.

    3. Send copies of the will to the beneficiaries

    4. Acknowledgement of receipt of notice and the will to be filed with the court.

    5. Is the beneficiary a Trust

    6. Is the beneficiary a court-appointed guardian or conservator, a minor or a charity?

    7. Have the survival period been met?

  4. Contents of the notice (to each beneficiary)

    1. Name and address of the beneficiary to whom the notice is being given

    2. Name of the decedent

    3. Statement that the will has been admitted to probate

    4. Statement that the person being notified is a listed beneficiary of the will

    5. A copy of the will; or

    6. A summary of the gifts to the beneficiary under the will

    7. Within 90 days of the filing of the will to probate

      1. An affidavit or certificate must be filed stating all beneficiaries have been notified

      2. The name of each beneficiary to whom no notice was given

      3. The name of each beneficiary whose identity or address cannot be ascertained

      4. Any other information to explain the inability to give the notice.

  5. Is the executor/executrix local?

    1. If so, can they be reached quickly

    2. If not, how will they need to engage with the county?

      1. By mail

      2. In person

      3. Electronically

    3. Can a trip be arranged if the executor/executrix is out of town.

  6. An inventory of the assets needs to be begun

    1. Who has access?

      1. Are they local?

    2. Does a professional appraiser need to be engaged?

Exhibit “A”

CLIENT INFORMATION WORKSHEET

PART I – PERSONAL DATA

NAME of DECEDENT:

Alias Names (if any):

Street Address:

City: State: Zip Code:

Date of Birth:

Place of Birth:

Date of Death:

Place of Death:

Social Security Number:

Was Decedent a U.S. citizen? Yes:     No:    

If naturalized U.S. citizen, Date and Place of Naturalization:

Location of Will, if any:

Date of Will:

Location of Codicils, if any:

Date of Codicils:

NAME of PERSONAL REPRESENTATIVE:

Street Address:

City: State: Zip Code:

Home #: Cell #:

Work #: Fax #:

E-mail: Pgr #:

Relationship to Decedent:

NAME of ALTERNATE REPRESENTATIVE:

Street Address:

City: State: Zip Code:

Home #: Cell #:

Work #: Fax #:

E-mail: Pgr #:

Relationship to Decedent:

PART II – BENEFICIARIES or HEIRS AT LAW

NAME of SPOUSE/DOMESTIC PARTNER:

Street Address:

City: State: Zip Code:

Home #: Cell #:

Work #: Fax #:

E-mail: Pgr #:

Date of Birth:

Social Security Number:

Date and place of marriage/domestic partnership:

Status of Spouse:         Living             Deceased             Under Conservatorship

CHILDREN’S INFORMATION:

Name

Living

Age

Birthdate

Married

Address

Yes/No

Yes/No

Yes/No

Yes/No

Yes/No

Yes/No

Yes/No

Yes/No

Yes/No

Yes/No

Yes/No

Yes/No

For each child, state the name of the child’s other parent, if not decedent’s surviving spouse/partner.

OTHER DEPENDENTS, IF ANY:

Name:

Age:

Residence:

GRANDCHILDREN’S INFORMATION

Name:

Age:

Birthdate:

Names of parents:

Please list the names of decedent’s parents, brothers, and sisters, and state whether they are living, and if so, list their city and state of residence.

Name:

Relationship:

Living

Residence:

Yes/No

Yes/No

Yes/No

Yes/No

List, as well, the same information for the surviving spouse’s/partner’s parents and siblings.

Name:

Relationship:

Living

Residence:

Yes/No

Yes/No

Yes/No

Yes/No

Please provide the following information regarding decedent’s former marriages, if any:

Name of former spouse Living Date of Death or Divorce

YES/NO

YES/NO

YES/NO

PART III – DECEDENT’S DESIGNEES

TRUSTEE (i.e., the person who will be responsible for the long-term management of property for the surviving spouse, children or other beneficiaries)

Name of Trustee:

Address:

Hm Phone No.: Wk Phone No.:

1st Alternate Trustee:

2nd Alternate Trustee:

3rd Alternate Trustee:

GUARDIAN OF MINOR CHILDREN (i.e. the person who will take physical care of any minor children should both parents die)

Name of Guardian:

Address:

Hm Phone No.: Wk Phone No.:

1st Alternate Guardian:

2nd Alternate Guardian:

3rd Alternate Guardian:

PART IV – ASSETS

Describe decedent’s property. If known, indicate whether the property is separate property, the surviving spouse’s/partner’s separate property, or community property. If not, state the name(s) which appear on the title, if known, and state whether the property is held with right of survivorship, if known.

CASH & ACCOUNTS WITH FINANCIAL INSTITUTIONS: (include cash, traveler’s checks, money orders, and accounts with commercial banks, savings banks, credit unions, etc.)

CASH

Cash on hand:

Traveler’s checks:

Money orders:

ACCOUNTS

Name of financial institution:

Account title:

Account number:

Type of account: (checking/savings/money market/CD/Other )

Current account balance (as of           ): $

Name of financial institution:

Account title:

Account number:

Type of account: (checking/savings/money market/CD/Other )

Current account balance (as of           ): $

Name of financial institution:

Account title:

Account number:

Type of account: (checking/savings/money market/CD/Other )

Current account balance (as of           ): $

Name of financial institution:

Account title:

Account number:

Type of account: (checking/savings/money market/CD/Other )

Current account balance (as of           ): $

Name of financial institution:

Account title:

Account number:

Type of account: (checking/savings/money market/CD/Other )

Current account balance (as of           ): $

Name of financial institution:

Account title:

Account number:

Type of account: (checking/savings/money market/CD/Other )

Current account balance (as of           ): $

REAL ESTATE: (include any real property on which decedent and/or decedent’s surviving spouse/partner are an owner, joint owner or have an interest in any manner, including property purchased in recreational developments and time-shares.)

Street address:

State/County of location:

Legal description (if necessary, attach a copy to this worksheet):

Current fair market value (as of             ): $

Name of mortgage company and account number, if any:

Current balance of mortgage (as of           ): $

Other liens against property:

Current net equity in property:$

Street address:

State/County of location:

Legal description (if necessary, attach a copy to this worksheet):

Current fair market value (as of             ): $

Name of mortgage company and account number, if any:

Current balance of mortgage (as of           ): $

Other liens against property:

Current net equity in property:$

Street address:

State/County of location:

Legal description (if necessary, attach a copy to this worksheet):

Current fair market value (as of             ): $

Name of mortgage company and account number, if any:

Current balance of mortgage (as of           ): $

Other liens against property:

Current net equity in property:$

MINERAL INTERESTS: (include any property in which the parties own the mineral estate, separate and apart from the surface estate, such as oil and gas leases; also include royalty interests, working interests, and producing and non-producing oil and gas wells)

Name of mineral interest/lease/well:

Type of interest:

State/County of location:

Legal description (if necessary, attach a copy to this worksheet):

Name of producer/operator:

Current value (as of                 ): $

Name of mineral interest/lease/well:

Type of interest:

State/County of location:

Legal description (if necessary, attach a copy to this worksheet):

Name of producer/operator:

Current value (as of                 ): $

Name of mineral interest/lease/well:

Type of interest:

State/County of location:

Legal description (if necessary, attach a copy to this worksheet):

Name of producer/operator:

Current value (as of                 ): $

Name of mineral interest/lease/well:

Type of interest:

State/County of location:

Legal description (if necessary, attach a copy to this worksheet):

Name of producer/operator:

Current value (as of                 ): $

BROKERAGE /MUTUAL FUND ACCOUNTS:

Name of brokerage firm/mutual fund:

Name of account (and subaccounts if any):

Account Title:

Account number (and numbers of subaccounts if any):

Value (as of                 )$

Name of brokerage firm/mutual fund:

Name of account (and subaccounts if any):

Account Title:

Account number (and numbers of subaccounts if any):

Value (as of                 )$

Name of brokerage firm/mutual fund:

Name of account (and subaccounts if any):

Account Title:

Account number (and numbers of subaccounts if any):

Value (as of                 )$

Name of brokerage firm/mutual fund:

Name of account (and subaccounts if any):

Account Title:

Account number (and numbers of subaccounts if any):

Value (as of                 )$

Name of brokerage firm/mutual fund:

Name of account (and subaccounts if any):

Account Title:

Account number (and numbers of subaccounts if any):

Value (as of                 )$

STOCKS, BONDS & OTHER SECURITIES: (include securities not in a brokerage account, mutual fund, or retirement fund)

Name of security:

Number of shares:

Type: (common stock/preferred stock/bond/other )

Certificate numbers:

In possession of:

Name of exchange on which listed:

Current market value (as of             ): $

Name of security:

Number of shares:

Type: (common stock/preferred stock/bond/other )

Certificate numbers:

In possession of:

Name of exchange on which listed:

Current market value (as of             ): $

Name of security:

Number of shares:

Type: (common stock/preferred stock/bond/other )

Certificate numbers:

In possession of:

Name of exchange on which listed:

Current market value (as of             ): $

Name of security:

Number of shares:

Type: (common stock/preferred stock/bond/other )

Certificate numbers:

In possession of:

Name of exchange on which listed:

Current market value (as of             ): $

Name of security:

Number of shares:

Type: (common stock/preferred stock/bond/other )

Certificate numbers:

In possession of:

Name of exchange on which listed:

Current market value (as of             ): $

CLOSELY HELD BUSINESS INTERESTS: (include sole proprietorships, professional practices, corporations, partnerships, limited liability companies and partnerships, joint ventures, and other nonpublicly traded business entities)

Name of business:

Address:

Type of business organization:

Percentage of ownership:

Number of shares owned (if applicable):

Value (as of                       ): $

Name of business:

Address:

Type of business organization:

Percentage of ownership:

Number of shares owned (if applicable):

Value (as of                       ): $

Name of business:

Address:

Type of business organization:

Percentage of ownership:

Number of shares owned (if applicable):

Value (as of                       ): $

BUSINESS PERSONAL PROPERTY (i.e., patents, copyrights, trademarks, and royalties, etc.)

Item Identification

Location

Value

RETIREMENT BENEFITS: (including Defined Contribution Plans, Defined Benefit Plans, IRA’s, SEP’s, KEOGH’s, Nonqualified Plans and Government Benefits such as civil service, teacher, railroad, state and local, etc.)

Name of plan:

Name and address of plan administrator:

Type: (IRA/SEP/KEOGH/DEFINED CONTRIBUTION PLAN/DEFINED BENEFIT PLAN/GOVERNMENT BENEFIT             , OTHER )

Employee:

Employer:

Starting date of creditable service:         Percent vested:

Account Title:

Account number:

Payee of survivor benefits:

Designated beneficiary:

Current account balance (as of         ): $

Name of plan:

Name and address of plan administrator:

Type: (IRA/SEP/KEOGH/DEFINED CONTRIBUTION PLAN/DEFINED BENEFIT PLAN/GOVERNMENT BENEFIT             , OTHER )

Employee:

Employer:

Starting date of creditable service:         Percent vested:

Account Title:

Account number:

Payee of survivor benefits:

Designated beneficiary:

Current account balance (as of         ): $

Name of plan:

Name and address of plan administrator:

Type: (IRA/SEP/KEOGH/DEFINED CONTRIBUTION PLAN/DEFINED BENEFIT PLAN/GOVERNMENT BENEFIT             , OTHER )

Employee:

Employer:

Starting date of creditable service:         Percent vested:

Account Title:

Account number:

Payee of survivor benefits:

Designated beneficiary:

Current account balance (as of         ): $

LIFE INSURANCE:

Name of insurance company:

Policy number:

Name of owner:

Name of insured:

Designated beneficiary:

Date of issue:

Type of insurance: [term/whole/universal] Face amount: $

Amount of premiums [monthly/quarterly/semiannually]: $

Cash surrender value: $

Name of insurance company:

Policy number:

Name of owner:

Name of insured:

Designated beneficiary:

Date of issue:

Type of insurance: [term/whole/universal] Face amount: $

Amount of premiums [monthly/quarterly/semiannually]: $

Cash surrender value: $

Name of insurance company:

Policy number:

Name of owner:

Name of insured:

Designated beneficiary:

Date of issue:

Type of insurance: [term/whole/universal] Face amount: $

Amount of premiums [monthly/quarterly/semiannually]: $

Cash surrender value: $

Name of insurance company:

Policy number:

Name of owner:

Name of insured:

Designated beneficiary:

Date of issue:

Type of insurance: [term/whole/universal] Face amount: $

Amount of premiums [monthly/quarterly/semiannually]: $

Cash surrender value: $

ANNUITIES:

Name of company:

Policy number:

Name of owner:

Name of annuitant:

Designated beneficiary:

Date of issue:

Type of annuity:                     Face Amount: $

Amount of premiums [monthly/quarterly/semiannually]: $

Current value (as of         ): $

Name of company:

Policy number:

Name of owner:

Name of annuitant:

Designated beneficiary:

Date of issue:

Type of annuity:                     Face Amount: $

Amount of premiums [monthly/quarterly/semiannually]: $

Current value (as of         ): $

Name of company:

Policy number:

Name of owner:

Name of annuitant:

Designated beneficiary:

Date of issue:

Type of annuity:                     Face Amount: $

Amount of premiums [monthly/quarterly/semiannually]: $

Current value (as of         ): $

Name of company:

Policy number:

Name of owner:

Name of annuitant:

Designated beneficiary:

Date of issue:

Type of annuity:                     Face Amount: $

Amount of premiums [monthly/quarterly/semiannually]: $

Current value (as of         ): $

MOTOR VEHICLES, BOATS, AIRPLANES, CYCLES, ETC. (including mobile homes, trailers, and recreational vehicles)

Year:       Make:               Model:

Name on certificate of title:

In possession of:

Vehicle identification number:

Name of creditor if loan against vehicle:

Current balance (as of               ): $

Current net equity in vehicle: $

Year:       Make:               Model:

Name on certificate of title:

In possession of:

Vehicle identification number:

Name of creditor if loan against vehicle:

Current balance (as of               ): $

Current net equity in vehicle: $

Year:       Make:               Model:

Name on certificate of title:

In possession of:

Vehicle identification number:

Name of creditor if loan against vehicle:

Current balance (as of               ): $

Current net equity in vehicle: $

Year:       Make:               Model:

Name on certificate of title:

In possession of:

Vehicle identification number:

Name of creditor if loan against vehicle:

Current balance (as of               ): $

Current net equity in vehicle: $

Year:       Make:               Model:

Name on certificate of title:

In possession of:

Vehicle identification number:

Name of creditor if loan against vehicle:

Current balance (as of               ): $

Current net equity in vehicle: $

OTHER MISCELLANEOUS PROPERTY: (including household furniture, furnishings, and fixtures, electronics and computers, antiques, artwork, collections, sporting goods, firearms, jewelry and other personal items, livestock, etc.)

Description of Asset:

Owner:

Current Value: $

Description of Asset:

Owner:

Current Value: $

Description of Asset:

Owner:

Current Value: $

Description of Asset:

Owner:

Current Value: $

Description of Asset:

Owner:

Current Value: $

Description of Asset:

Owner:

Current Value: $

Description of Asset:

Owner:

Current Value: $

Description of Asset:

Owner:

Current Value: $

Description of Asset:

Owner:

Current Value: $

Description of Asset:

Owner:

Current Value: $

SAFE DEPOSIT BOXES:

Name of depository:

Box number:

Names of persons with access to contents:

Items in safe-deposit box:

Name of depository:

Box number:

Names of persons with access to contents:

Items in safe-deposit box:

Name of depository:

Box number:

Names of persons with access to contents:

Items in safe-deposit box: