Probate Procedure

Most courts require an attorney; however, check with your Probate Court at the courthouse in which the deceased lived.

With a Will:

• Have will probated at probate court in the county where the deceased resides.
• Supply all direct heirs names & addresses
• Court notifies all heirs
• Witness of will must sign interrogatories
  • If objections:
    • Hearing and court decisions
  • No objections:
• Executor or Executrix appointed by letters testamentary
• Executor or Executrix then does what will says
• Pay funeral expense
• Pays debts
• Changes titles on property
• Distributes assents to Heirs
• Assents may need to be liquidated so expenses & debts can be satisfied.
• Balance of monies distributed to heirs

INTESTATE, without a will:

• Administration
• Any Heir or person not necessarily related, notify all heirs
• Run citation for 4 weeks in legals in county of residence.
• Court appoints administrator with letter of administration
  • Pays funeral bills
  • Debts
• All other assents distributed among direct heirs
• After 6 months and all assents disbursed, court will dismiss
• Order of inheritents:
  • Spouse
  • Children
    • If child is deceased-their children
• Not married:
  • Father
  • Mother
  • Brother (if deceased – niece or nephew)
  • Sister (if deceased – niece or nephew)

ESTATE TAX

• For the years 2004-2005, estates with a value of one million, five hundred thousand dollars ($1,500,000.00) or more must file 9 months from the date of death and tax is due with the return.
• For the years 2006-2008, estates with a value of two million dollars ($2,000,000.00) or more must file 9 months from the date of death and tax is due with the return.
• For the year 2009, estates with a value of three million, five hundred thousand dollars ($3,500,000.00) or more must file 9 months from the date of death and tax is due with the return.
• For the year 2010, there is no limit.
• For the years 2011 and after, estates with a value of one million dollars ($1,000,000.00) or more must file 9 months from the date of death and tax is due with the return.

STOCKS & SECURITIES

Stocks and securities will require an authorized security broker to liquidate of exchange these assets.

PERSONAL PROPERTY & REAL ESTATE

If the personal property and real estate need to be liquidated it is advisable to call a marketing specialist.  An auction marketing specialist cannot only offer you professional sales advise, but also a specific time frame to market the property.

If Piché Auction & Realty LLC can be of any service to you,
please don’t hesitate to contact us. We work for you!