Question about Probate after Father's recent death?

Question

My father passed away this week. He had a Will, but he also had some debt. We will be visiting a probate attorney next week, but how do I prepare for that visit. We will not have the death certificates for two weeks. Thanks for your help!

Answer 1

First of all, I am sorry for your loss. About the only thing you can do to prepare, is just try to go there with an open mind. The probate court knows you don't have the death certificates yet so that will not be an issue. This is just to get the ball rolling so to speak. In these situations it is sometimes a "hurry up and wait" thing. It is very frustrating, so try to be patient. And do not worry about the bills, they will get paid and explain to the creditors that the estate is in probate and should be settled quickly unless you have a specific date and that you will notify them as soon as you know something. It really shouldn't be too much of an issue. I think you are probably still in shock and grieving, which you should be, instead of worrying about all of this at this time. Things will get taken care of in their own time. Try to rest, relax and remember Dad with good memories. Good luck and God Bless.

Answer 2

You won't need the death certificate for a while. You will want to gather the records of what he owned, and what he owed. You will need to examine the will to see who is the executor or adminstrator of the estate. Whoever is named has the chore of getting letters of administration (or letters testamentary) from the Probate Court in order to secure legal authority to handle the estate. Once the letters are in hand, it may be necessary to run a legal advertisement notifying possible creditors to present their claims. The bills are then paid out of the assets of the estate, and whatever is left over is delivered to the named heirs.

Answer 3

all of his debts have to be paid from his estate before anything can be given out by the will.