The personal representative then proceeds to inventory and appraise assets, pay debts and claims, and distribute the estate to the devisees and heirs, all without any court supervision. During the pendency of the informal administration, however, interested parties may bring matters to the probate court by electing formal probate supervision and procedures. After six months, the representative may file a verified statement, which in effect closes the estate. The statement must allege that claims have been paid or settled and assets distributed, that a copy of the statement and an accounting has been sent to all distributees, and that all known creditors who have not been paid or whose claims are not barred and paid, also received a copy of the statement. Another emerging field is elder law for the aging adult population, especially important since a number of older persons suffer from dementia.
Lawsuits can result within the family.
An older person may make a bequest that normally he or she would not have considered. However, not all attorneys are in complete agreement as to the desirability of trusts, since it's possible to avoid probate without the expense and trouble of setting up such trusts. A few years ago attorneys were giving seminars and pushing living trusts. A number of such trusts were created. However, some of those living trusts are creating new litigation, which will probably continue for the next few years.