Probate Overview

Probate is the legal process by which a court validates a deceased person's will and oversees the distribution of their assets to their designated beneficiaries. The process can be complex and time-consuming, but is generally necessary to ensure that a deceased person's assets are distributed according to their wishes and to settle any outstanding debts.

The first step in the probate process is to file a petition with the probate court. This petition typically includes a copy of the deceased person's will, if one exists, and information about their assets and debts. The court will then appoint an executor or administrator to manage the deceased person's estate.

The executor or administrator is responsible for collecting and inventorying the deceased person's assets, paying any outstanding debts, and distributing the remaining assets to the beneficiaries named in the will. This can include selling real estate or other property, closing bank accounts, and transferring stocks or other investments.

The executor or administrator will also be responsible for providing notice to creditors, who have a certain amount of time to submit any claims against the estate. If there are any disputes over the will or the distribution of assets, the probate court will hear evidence and make a determination.

Once all debts have been paid and all assets have been distributed, the executor or administrator will file a final accounting with the court. The court will review the accounting and, if it is approved, will issue an order closing the probate estate.

The probate process can take anywhere from a few months to several years, depending on the complexity of the estate and any disputes that may arise. It's important to note that the probate process can be costly, as it involves court fees and legal costs. To avoid probate, many people opt to create a living trust, which allows assets to be transferred to beneficiaries outside of probate court.