The Essential Executor's Handbook by David G. Hoffman

Author:David G. Hoffman [Hoffman, David G.]
Language: eng
Format: epub
Publisher: Career Press
Published: 2016-02-10T05:00:00+00:00

Court

Let us assume for a moment that your decedent had assets that must be probated (i.e., assets owned in the decedent’s name alone without a beneficiary). Most probate offices are physically located in the county’s court of record (the high court of the county). This building also usually houses the land records office. You will probably need their assistance as well. Chances are that you will not need an appointment to visit land records, but you almost always need an appointment to begin the probate process. You attorney should make the appointment for you.

But first things first. Almost all court buildings these days employee security guards and metal detectors at each entrance. Unless you are an attorney who has been pre-cleared by that county’s security officials, you are going to have to get in line with everyone else and wait to be screened. The experience is not unlike security checkpoints at the airport. And like airport security, you will need to empty your pockets and place the contents into those little plastic bowls for inspection. Also like airport security, arguing with the officer will not make your day go any better. In addition, many courts do not permit you to carry a cell phone into the building. Some will hold it for you until you are ready to leave but others will not, forcing you to trek back to your car and leave it there. In short, the day you visit the court, for whatever reason, just leave behind any and all metal objects, cell phones, and, of course, weapons (do I really need to tell you this?). Then just be nice.

Once you have located the probate office, your attorney will have to make your presence known. While some of the more populous counties have a receptionist and a sign-in procedure, others counties require that you waive your arms and repeat “excuse me” until someone actually notices you. Once, in a very rural county, after much arm waiving, I discovered that the probate office was actually a broom closet behind the main desk and that the only probate clerk was on her cigarette break. To borrow a rule from the game of golf, you play them as they lay.

The probate clerk’s job is to “qualify” you as the executor of the estate. The clerk will need to see an original death certificate and, if there is one, the original will. You will be asked the names and locations of your decedent’s next of kin (spouse, children, etc.), and you will be asked about the types and values of the probate assets (securities, cash accounts, etc.). Your attorney should have obtained from you both the documents and the needed information prior to your visit. You will then be required to give your personal bond (i.e., a promise that if any assets turn up missing on your watch, you will replace them). In some instances (e.g., you are from out of state), you may be required to purchase “surety” from a local bondsman (i.

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