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Probate Administration Overview

Probate Administration is a legal process that addresses the disposition and distribution of a deceased’s estate. It begins with a petition to open the estate and name a personal representative. The personal representative is either an executor (if the deceased died testate, that is, with a Will) or an administrator (if the person died intestate, without a Will).

The representative is responsibly distributing the deceased’s property. After the personal representative is appointed, the creditors are notified by an official Notice of Creditors printed in a local newspaper, and a Notice of Administration sent to other involved parties.

Creditors then have a specific period during which they may file their claims. Once the creditors make their claims, the personal representative may pay whatever debts are owed.

After that, the representative distributes the remaining estate. Finally, a discharge petition is filed, and the estate is closed.


McGinn Law, PC is available to assist you with the following aspects of estate and trust administration:

  • Probate administration, with or without a will.
  • Filing will allowances, appointments of fiduciaries, inventories, and accounts with the Probate Court.
  • Gathering assets, paying valid debts, and avoiding invalid claims.
  • Trust administration for living trusts or testamentary trusts.
  • Filing estate tax returns and properly paying taxes.
  • Properly distributing assets.

Probate Lawyer Services


When a person is named the executor of a deceased person’s estate, legal assistance is almost always required to guide the estate through probate so that the assets can be distributed according to the terms of the will.


In addition to handling probate administration for estates of all varieties and sizes, we also represent clients in probate litigation.

Probate Administration and Litigation

Probate Litigation and Will Contests

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