The Probate Process

What is probate?

Probate is defined as the official proving of a will or to establish validity of a will. It can also refer to the act of presenting a will to the courts or the legal process in which a deceased person’s estate is administered.

The probate process allows the transfer of an estate in an efficient and supervised manner. An estate must be distributed in a specific order, for example: debts have to be paid before beneficiaries receive their inheritance. The probate process is a set of guidelines help get things disbursed legally.

Probate is a formal legal process by which the directives of a deceased person’s will is executed by an appointed individual. The individual can be appointed in the will, can appeal to the court to be appointed, or be a court appointed individual with no family conceptions to the deceased. The laws of each state vary, so you may need to consult an attorney to determine whether a probate proceeding is necessary, whether the trustee of the will must be bonded and which reports need to be prepared. 

The probate process differs if the estate is intestate, meaning there is no will. If the estate is intestate, the court appoints an administrator for the estate. Beneficiaries can protest the appointment, but the process will not proceed with out an executor or appointed administrator. In some instances, court requires proceedings to prove heirs and beneficiaries before the estate can be executed.

Once someone is designated to manage the estate, an inventory is taken of the estate. Then, notice is made in several places to notify beneficiaries and creditors of the estate.  Next, all estate, funeral expenses, and debts are paid. Lastly, the beneficiaries are awarded and the estate title changes according to the will or state laws of intestacy.

Our own Cindy Boyd, Remax Realtor, has become a Probate Specialist. She can be contacted to help you with your real estate or probate needs! Keep reading as we go further into the probate process!