Estate Administration 101

Estate Administration provides inventory and asset management to our clients under court appointment so their estates are preserved and protected. The Estate Administration is responsible for the timely gathering and security of client assets. Initially, staff members investigate the location and value of assets belonging to the protected person or estate at the time of our legal appointment. The estate administrator organizes the financial and property documents and collects the property for safe keeping. Staff members complete an inventory of the property and provide the inventory to the court, and the client's family. Real and personal property is managed throughout our administration of conservatorship and decedent estates.

It is good to mention that the estate operations division is responsible for the timeliness and accuracy of all financial information. The general accounting section is responsible for all receipts, disbursements, and the data entry of inventory items.The court Accounting section calculates and prepares the legal and financial documents that are known as annual, biennial and final accountings. The Benefits section is responsible for the application, receipt, and monitoring of all Federal, State, County, and Private benefits.

An estate proceeding in supervised administration must be closed in this manner. The personal representative may petition at any time, and an interested person may petition after 1 year from the original personal representative's appointment. Upon notification, the Estate Administrator is responsible to immediately take steps to ensure the protection of assets and to search for a valid will and heirs. If the search is unsuccessful, the Director of the Department will be appointed in the appropriate county court as personal representative or small estate affiant to administer the estate.

Upon the death of an incapacitated person intestate the guardian or limited guardian of his estate has power under the letters issued to him and subject to the direction of the court to administer the estate as the estate of the deceased incapacitated person without further letters unless within forty days after death of the incapacitated person a petition is filed for letters of administration or for letters testamentary and the petition is granted. If the guardian or limited guardian elects to administer the estate under his letters of guardianship or limited guardianship, he shall petition the court for an order transferring the guardianship or limited guardianship proceeding to a probate proceeding, and upon court approval, the clerk of the court shall re-index the cause as a decedent's estate, using the same file number which was assigned to the guardianship or limited guardianship proceeding.

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