Probate

What is Probate?

Probate involves the filing of a petition to the court having jurisdiction over the deceased person. The court appoints a “Personal Representative” (also known as an “Executor” or “Administrator”) to be responsible for the administration of the property of the deceased person. The Personal Representative is authorized to transfer and distribute the deceased person’s property to the rightful heirs or beneficiaries. The Personal Representative is required by law to notify all heirs (whether they are getting property or not) of the appointment and the beginning of the probate proceeding. In addition, the Personal Representative may choose the option of sending notices to creditors of the deceased person to inform them of the death and to begin the statute of limitations for the creditors to file a claim. The Personal Representative prepares an inventory of the deceased person’s assets. Personal Representatives also have legal obligations to prepare appropriate income and as applicable, estate tax returns for the United States Internal Revenue Service and comparable revenue agencies in the deceased person’s state of residence.

Chang Law Group PC represents Personal Representatives (Executors) to obtain the Letters Testamentary and other court-ordered powers for the Personal Representatives to administer the estate. We are experienced in assisting you and your tax-advisor to prepare and file the Estate Tax Return 706. If the assets of the deceased are held under a living trust, we can assist the successor trustee to administer to trust provisions in funding credit shelter trust as well as analyzing tax issues in allocating assets between testamentary trusts.

If you are interested in knowing more about probate or wish to begin the probate of an estate, please contact┬áVivien K. Chang. A complimentary copy of “Death of a Loved One” written by the Estate Planning Council of Seattle and our Probate questionnaire will be sent to you upon your request for information about beginning probate of an estate. You can also click on the link below to download our Probate Questionnaire using Adobe Acrobat.

View Probate Questionnaire