How does the probate process work?

The probate process varies by state. Some states also have a simplified probate process for small or simple estates.

As a general rule, however, probate goes through a series of steps designed to validate the will, and ensure its instructions are followed, (if there is a will), pay debts of the estate, and distribute remaining assets to the intended beneficiaries and heirs.

Probate usually goes through the following steps:

• If there is a will, it is submitted to the probate court.
• Notice of Petition for Probate is published and a personal representative is appointed. The executor/administrator then files a formal petition with the court to probate the decedent’s estate.
• Creditors may make claims against the estate for some time.
• The personal representative identifies and gathers assets of the estate. These assets must be safeguarded and maintained.
• When necessary, assets are liquidated to pay valid claims against the estate.
• The personal representative files a final tax return.
• A final petition is filed with the court to explain expenses, assets received and disbursed, how funds were used, and which debts were paid.
• Once the petition is approved, assets are distributed to beneficiaries and heirs and the estate is settled.

When someone dies without a will, probate is a bit different. In this case, an administrator will be appointed by the court. The administrator performs the same tasks as a personal representative or executor to identify heirs, locate and value assets and debts, and distribute assets. Most states will make a spouse or domestic partner the administrator or adult children. The estate’s assets will be distributed according to the state’s intestate succession laws.