How can I get a pour-over will allowed by the probate court, so that I can carry out a trust administration?

Even if you had anticipated having to administer your loved one’s trust, you may be surprised to learn that assets not held in the trust may need to go through a probate administration first. Estate administrations and trust administrations often go hand in hand. Most estate plans that were created with a living trust also include a pour-over will. This type of will directs that assets of the estate be placed into the trust. Before that can happen, the will must be allowed by the probate court, and a personal representative must be appointed.

How a Pour-over Will Is Allowed and a Personal Representative Is Appointed

Generally, the steps for having a will allowed and obtaining an appointment as a personal representative are as follows:

  1. File the Petition for Probate.
  2. Give proper notice by mail to all interested parties.
  3. Arrange for publication in the appropriate newspaper.
  4. File the Proof of Service by Mail.
  5. File the Proof of Publication.
  6. File the bond, if applicable.
  7. Appear before the court at the scheduled hearing date.
  8. Take the signed copy of the Order for Probate to the Clerk’s Office to be certified and to obtain Letters.

While every estate is unique, these are the typical steps that must be taken before the will is allowed and the appointment is obtained. Administering a trust or an estate can be a complex process. Fortunately, our office is here to help. To learn more about how we have helped other clients like yourself, we encourage you to view our client testimonials page today.

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm