• What is Probate for?
  Probate is the transfer of assets out of the decedent's name to the proper heirs.
  
  
• How long does it take to probate the estate?
  A regular estate will take at least eight months because that is the time period that an estate must stay open for creditor's claims, by state law. You should probably allow at least one year for a nontaxable and uncontested estate to close.
  
  
• What is a Personal Representative and what are their duties?
  A Personal Representative is the person appointed to handle an estate. The Personal Representative is responsible for collecting, protecting and administering the estate. This includes giving Notice to all interested parties, filing an Inventory of the estate, making sure the assets are secure, paying required claims and costs, and making sure the proper people get what they are entitled to receive.
  
  
• How do I know if I need to establish a guardianship or conservatorship?
  If you know someone who, because of disability, can no longer manage their money or make decisions about their personal or medical care, that person may need a court-appointed guardian or conservator. In the case of a minor, a conservator must be appointed in certain cases when the minor is entitled to receive a sum of money from an insurance settlement, inheritance, etc.
  
  
• When are protective proceedings NOT necessary?
  If a Health Care Power of Attorney exists, a guardianship may be avoided. If a Durable Power of Attorney exists, a conservatorship may be avoided.
  
  
• What estate planning documents should I have?
  Everyone should consider a Last Will and Testament, Durable Power of Attorney, Health Care Power of Attorney and Declaration of a Desire for a Natural Death (Living Will).
  
  
• I had a Will drawn up; can I file it in your office?
  A Will is not filed in the Probate Court office until the person is deceased.
  
  
• Do life insurance policies payable to the beneficiary have to go through probate?
  Life insurance policies payable to the beneficiary must be reported on your Inventory and Appraisement but are not calculated in the filing fees. The transfer of that asset should be dealt with by the beneficiary of the policy and the company or agency providing the benefit.

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