Martha, here’s still another probate question. If I have the attorney go ahead with the process, I assume I would have to be the executor. Or could that be the attorney? Everything I’ve read online about duties of the executor is daunting in the extreme. One site says they would be to "create final accounting of all assets, pay taxes, account for estate expenses and send to beneficiaries to sign, etc. etc. And what about locating all heirs? There could be cousins on father’s side of deceased that I don’t know about. Would I have to go to Duncan for a hearing? What am I getting myself into? Also, my California cousin asked if all property including mineral acreage is included in probate. I was assuming that of course they would be, as that’s the most valuable part.
If there is a will, then the executor will be listed in the will. If there is no will and the person died intestate, then the rules of the state would mention who the fiduciary party should be. The attorney can help you get it all done. I have been an executor and it is a good deal of record keeping, but can be accomplished. All property of the deceased is usually included in the probate unless there are other outstanding legal documents such as trusts, LLCs, etc. that have their own ownership of property. Attorney can help. Different judges have different rules about showing up for a hearing. I do not know the answer. One of the attorneys on the site can comment more correctly.
Unless there is something strange or a relative is unruly, probates can be handled without a representative having to appear in court. The attorney can take care of the issues you mention. Usually this is done for a flat fee.
Richard Winblad