How can I account for missing items when I go to probate court to submit the will? 8 Answers as of October 03, 2011

First you must lodge the original Will with the clerk of the Court. With regard to filing for probate, the missing items are not included in the inventory that is filed with the court. If someone asks about them, then you will need to explain the facts and circumstances associated with the prior gifting. The court may schedule a hearing on the issue if there is an objection by an interested person to determine if the asset was appropriately gifted before death.

You don't have to account for property that was not part of the probate estate because it was distributed while she was still alive.

You'll tell the court that those items were given away before the date of death. Good luck.

You do not need to account for anything when you deposit the Will with the Court. Only if a probate is opened does the court look at what assets are in the decedent's estate. If a probate is opened, an inventory will need to be filed which lets the court and beneficiaries know what assets were in her estate on the date of her death. It is up to the beneficiaries to question or object to the inventory.

You don't. And before you go to court, you need to get a lawyer so you properly probate an estate. It is not a do it yourself project.

When you state "submit the will", I am not sure that you are familiar with the entire probate process. A Will is placed into Court by a Petition to Probate Will. But first, you need to determine if there is any need to even probate the Will. Asfor the missing items, they can be accounted for in an Inventory, which must be submitted to the Court within 60 days of probating the Will, unless the Will specifically exempts such an inventory. You should consult an attorney familiar withprobate regarding your situation. This is not intended to constitute legal advice, nor to create an attorney/client relationship.

You do not have to give an Inventory of the estate if the will waives it. If your mother gave the items away, you would state that on the Final Settlement and inform whoever the items were left to that she gave them away before she died. You may have to have some proof that she gave them away and that can be difficult if it is personal items. But if the items were not in the house or the person receiving them can state they received the items prior to her death, then it would be a gift as long as she was competent.