Attorney Weinkauf is experienced in assisting personal representatives navigate the probate process in Barnstable, Bristol and Plymouth counties.

What is probate?

After death, the estate of the decedent goes through a process called probate. The process involves paying debts, administering assets, and filing an accounting, preparing tax returns, and distributing assets to beneficiaries if there is a will.  If there is no will, assets are distributed to heirs in an order determined by the Massachusetts laws of intestacy.

Once appointed, the personal representative is responsible for managing the decedent’s estate.  Attorney Weinkauf advises the personal representative at each step of the process.

Personal Representative

The first step in the probate process involves filing a petition for formal or informal probate and appointment of a personal representative.  The personal representative is either named in the decedent’s will or, if no will, it’s usually a close family member that volunteers for the position.

Once appointed, the personal representative is responsible for managing the decedent’s estate.  Attorney Weinkauf advises the personal representative at each step of the process.

Personal Representative’s Duties

  • Account for all estate assets.  This includes real estate, personal property, financial accounts, stocks and bonds, business interests and other assets.
  • Preserve estate assets.  The personal representative may need to ensure that real estate is insured, property taxes are paid, and that the real estate is maintained.
  • File final tax returns. The personal representative should retain a qualified tax preparer to prepare and file final income tax returns.
  • Distribution of assets. The personal representative will distribute estate assets pursuant to the decedent’s will or to the intestate laws.
  • Closing the estate. Once the assets are accounted for and inventory, the tax returns are filed, and assets are distributed, the personal representative will prepare necessary forms for closing the estate.
  • Attorney Weinkauf assists the personal representative navigate the probate process.