As the person named to be executor, Jack has been getting organized about finding his late mother’s assets.  It’s clearly easier to do his job when he’s organized, plus in order to even be formally named the executor of her estate, he must have some information.

The probate court cannot name Jack executor until he asks to be named.  To ask, he must file a Petition to Probate Will and for Letters Testamentary, which is the official name for his request to be allowed to take care of matters as his mother wanted.

The Petition needs an estimate of the value of all real estate owned by his mother, any income expected from her real estate, and the combined value of her personal estate, which is everything else, like bank accounts, stocks, bonds, jewelry, and vehicles. 

Fortunately, even the probate rules realize that it can be impossible to have accurate estimates before being appointed with the legal authority to obtain the information from banks and stock brokers.  

Jack could make things easier by giving himself a huge range in his estimates – over $50,000 for the personal estate and for the real estate, with $0 for income from real estate since she lived in her home. 

Although probate has plenty of complications for even what seem to be simple requests for simple estates, some simplification is allowed. 

For help navigating probate procedures or to plan your estate to prevent your heirs from ever needing to learn about probate firsthand, call our office at (815) 436-1996 for an appointment.  ©2012 Gruber Law Office