The probate process entails a series of steps. If you are the named Executor of an estate, following through with each step is important. Examples of activities include probating the Will, notifying creditors, and distributing assets to heirs. As the Executor, it’s also important to know the various players of the probate process. The probate examiner is someone who is tasked with reviewing your documents and pointing out any discrepancies. Keep reading to find out what they do and what to do about examiner notes if they leave them.
What is a Probate Examiner?
A probate examiner is a professional employed by the probate court who reviews probate petitions and common probate court documents. They comb through them when you initially file for probate before they are formally submitted to the court. This helps ensure that your petition and documents don’t have any discrepancies and are compliant with state legal requirements and local court rules.
They will review the petition several days to several weeks prior to the scheduled hearing. During this process, they will write a summary called probate notes or examiner notes. This is one of their responsibilities described below.
Responsibilities of a Probate Examiner
As a court employee, the probate examiner has several responsibilities such as:
Reviewing your petition for probate and other documents before they are formally submitted to probate court.
Ensure that your petition is filled out correctly.
Ensure that petitions and documents for probate and other probate hearing matters are compliant with laws and court rules.
Provide a written summary in the form of probate notes.
What are Probate Examiner Notes?
Preparing probate examiner notes is one of the key duties of the probate examiner when they receive your initial petition for probate and supporting documents.
After they review your petition and documents, they will prepare a written summary that is then submitted to your assigned probate judge. These notes essentially assist the judge in making their decision regarding your petition when they review it. The notes identify the interested parties of the estate, as well as what they seek. They also provide any discrepancies, deficiencies, and items that require more information.
For example, a deficiency could be something as simple as the petitioner forgetting to fill out a section of a form. The court may require submission of additional forms or documents to correct or clarify what was already submitted.
How to Clear Probate Notes
If you see that the probate examiner did indeed provide notes on any deficiencies, don’t worry. No one is a pro at navigating the probate process and therefore no one expects you to perfect it on your first go. Receiving probate notes is a very common and necessary part of the process.
If you do receive probate notes, however, you’ll need to clear them. You will submit a written response to any questions or notes left by the examiner. This is called a “verified supplement.” This will correct any deficiencies noted by the examiner so that they can move forward with the process.
To find out how to correct or clear your probate notes, be sure to check with your local probate court for instructions. Some counties provide a specific form to use. They’ll also instruct you on deadlines for submitting your corrections. For instance, it is common for a court to require you to clear examiner notes at least five days before your first hearing. It’s not a bad idea to submit your corrections even earlier, since you may need to make corrections a second time.
Learn More About the Steps of the Probate Process
The probate examiner plays an important role in the probate process. However, when just scratching the surface about probate, you likely won’t hear about this role. This goes to show just how complex and meticulous the probate process is — this is much to learn and understand. If you are grieving the loss of a loved one, navigating this complex and time-consuming legal process can feel overwhelming. Luckily, help is available! Trust & Will’s Probate provides customizable support that will help you move forward in the probate process with confidence. Based on your budget and needs, you can choose between a self-guided, concierge, and attorney plan. Be sure to find out more about how these plans work today. No one deserves to walk this journey alone.
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Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.
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