Qualification. The fiduciary will qualify with the Court at the Circuit Court Clerk’s office, Probate Department. Call first to determine if you need to schedule an appointment. During that call ask what you are required to bring to your appointment.

Notice of Probate. For decedents' estates only, written notice of probate must be provided to the persons identified in the instructions for the Notice form and file the completed Affidavit of Notice confirming that you have done so with the Clerk’s office within 30 days after qualification.

Note: It is important to realize that failure to provide timely Notice of probate causes the statute of limitations to be extended during such delay for any claims against the executor or administrator (fiduciary) for the estate.

Fiduciary Inventory. For a decedent’s estate the inventory is due within 4 months of qualification. Read more specific information in the following articles for each type of fiduciary. Carefully READ the inventory form and written instructions provided when you qualified with the Clerk’s office. The instructions are detailed and provide the information you need to complete the inventory. If you cannot find the forms and instructions provided to you, follow the link to out forms page.

The Inventory is a vital document to the fiduciary accounting process as it identifies the assets that the fiduciary must fully account for in the fiduciary accountings filed with the commissioner.

First Fiduciary Accounting. For decedents estates, the first fiduciary accounting must be filed with the commissioner’s office within 16 months after the date of qualification at the Clerk’s office (12 months after the Fiduciary Inventory is due). The first accounting period will run for the period of 12 months from the date of qualification.

Second and Subsequent Fiduciary Accountings.  If additional fiduciary accountings are necessary (depending on the amount of time necessary for administering an estate), second and subsequent annual accountings will be due within 16 months after ending date of the prior 12-month accounting period.

Final Fiduciary Accounting.  When you have fully disbursed and/or distributed the assets of an estate in accordance with the decedent’s will, or other controlling document or court order, a final accounting will be filed from the ending date of the prior accounting through the date that remaining assets are zero. A commissioner’s approval and filing of a fiduciary’s final account with the Clerk’s office will complete the fiduciary’s accounting obligations with the commissioner.