Making Probate Easier:
Relief From Administration
If you have heard horror stories about the delay and complexity of probate court, you are not alone. Much of the confusion associated with this process stems from people acting without a lawyer or having a lawyer that does not take the time to fully explain the process to you. Other times, confusion can occur due to the probate court having to fully administer the estate of a deceased loved one. In some instances, this complexity can be decreased if the value of the estate qualifies for relief from administration.
Relief from Administration in a Nutshell
A relief from probate administration is possible when there is not much property to transfer to loved ones and friends. This means there are fewer things that probate court has to handle when it comes to processing an estate. Because of this, there are not as many requirements for an executor or administrator when it comes to preparing paperwork and following through with the process. The result is a process that is faster and can allow family members to move on with their lives.
Requirements for Relief
Like a summary release from administration, a standard relief from administration can only occur if the estate size qualifies for it. This means that if there is a surviving spouse, the size of the estate must be less than $100,000 and the surviving spouse must be entitled to all of the assets. If there is not a surviving spouse or if the spouse is not entitled to the entire estate, the size of the estate must be less than $35,000.
How to Begin
If an estate qualifies for relief from administration, then the executor or the attorney for the executor may begin to prepare the necessary paperwork for relief from administration. The exact process may vary depending on which county probate court the case is in. However, it will likely require the executor to obtain necessary information involving the estate. This includes the will, death certificate, funeral bills, and facts involving the estate’s assets and liabilities.
The court will also require that letters for the next of kin be sent out to notify them of the process. If there is a will, there will need to be an application to submit the will to probate, and to have an appraiser for any real estate or tangible personal property.
Once the forms are drafted, the case is opened, and the filing fee is paid, a hearing will likely be set in front of a judge or magistrate to determine whether the estate can be relieved from administration. If it is granted, the remainder of the process will be fairly straightforward when it comes to settling the affairs of the deceased.