What Is Probate?

Probate is a legal process that is supervised by a court, which is responsible for settling a deceased person’s estate and assets. The court makes sure that the will, if any, is executed correctly. If there is not a will, the court ensures that the state inheritance laws are executed properly.

There are several steps of the probate process. First, the will must be found. If the deceased person worked with a lawyer to draw up the will, the legal team probably has the will on file and can provide you with it. You also need to get the original death certificate for the probate process. 

Next, you need to file a petition for probate. This is done with the probate court. For this step, you will need the petition, the will, and the death certificate. If there is no will, the judge has to appoint a person to be the administrator of the estate. 

Then, the assets must be located and the decedent’s creditors and taxes must be paid. It can take a long time to locate the assets, especially if the deceased person did not keep their files about their assets. The executor then hasd to determine what the deceased person owes and how much is left over.

Finally, the assets can be distributed to the heirs and beneficiaries and the accounting can be sent to the court for final approval. The court can then close on the probate file, and probate is over!

How Long Does Probate Take?