Q: On the probate form DE111, are pensions included in the person property income?
A:
The answer to this question is maybe. It would depend upon if the pension income was going to continue after the death of the person whose estate is being probated. The probate attorney preparing the DE111 would need to see the various papers describing the pension plan as there are many varieties of pension plans. Sometimes the income continues but is paid to the surviving spouse in which case it probably wouldn't need to be listed.
The DE111 is really only a first look at the estate so the persons involved can get some idea of what is involved. More importantly is the estate inventory forms which ultimately accurately list all assets. The point of the DE111 is to get the case going and to get a personal representative/executor appointed by the court so he/she can sign for and deal with the various assets and income.
You might find my blog article on probate estate assets and inventory helpful. It is at https://www.orangecountyestateplanninglawyer-blog.com/2014/12/probate-asset-inventory-collecting/
David L. Crockett, attorney/CPA/broker/JMartindale Hubble AV preeminent rating
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