Probate Process and Estate Administration

Introduction

Probate is the legal process by which a deceased person’s estate is administered and distributed. The process ensures that debts are paid, assets are collected, and remaining property is distributed to beneficiaries.

The Probate Process

The probate process typically begins with filing the will (if any) with the probate court, appointing a personal representative (executor), inventorying assets, notifying creditors, paying debts and taxes, and distributing remaining assets to beneficiaries.

Intestate Succession

When a person dies without a will (intestate), state law determines distribution. Intestacy statutes typically prioritize spouses and children, followed by parents, siblings, and more distant relatives.

Will Contests

Will contests challenge the validity of a will on grounds including lack of testamentary capacity, undue influence, fraud, or improper execution. Contest proceedings can delay distribution and increase costs.

Conclusion

Probate provides an orderly process for estate administration, though the complexity and cost have led to the growth of estate planning techniques designed to avoid or simplify probate.