Estate Probate FAQ
Why do you probate an estate?
To legally administer and distribute a deceased persons estate.
Where do you probate an estate?
Putnam County Commission office. Must be in the resident county of the deceased.
When do you probate an estate?
Within 30 days from the date of death.
Who is appointed to administer an estate?
With a will - the person named in the will to administer
Without a will - the next of kin to the deceased
What do I bring to the courthouse to probate?
The original will, copy of death certificate, social security number, name and address of all heirs and the necessary fees.
How much are the fees?
Based on the gross assets of the estate. Between $25.00 and $125.00, plus County Clerk recording fees - $24.00 (+/-).
Do I need an attorney?
No - only if disputes among heirs or if you feel you need an attorney for assistance.
How long does the process take?
If there are no problems and all papers are returned to the office in a timely manner, approximately 7 months.
Who makes the necessary publications?
Our office publishes the necessary legal advertisements.
1.) The notice to creditors and beneficiaries
2.) The notice to close the estate
How are assets of the deceased distributed?
To the named beneficiaries
Deceased beneficiary - Pass to the heirs of beneficiary unless otherwise stated in will
Surviving spouse, no children of deceased and someone other than surviving spouse:
100% to surviving spouse
Surviving spouse, children of deceased and surviving spouse, and children of surviving spouse and not of deceased
60% to surviving spouse, 40% to children of deceased
Surviving spouse, children of deceased and surviving spouse, and children of deceased and not of surviving spouse
50% to surviving spouse, 50% to children of deceased