A Guide to Probate

Probate refers to the process of establishing that a deceased person’s (called the decedent) will is valid and legal or, in the case that the decedent did not leave behind a will, to arrange for the distribution of the estate. If you have been given the task of being the Will executor or personal representative of the decedent, probate can be especially stressful, particularly if other heirs are in various states of disagreement throughout the process. Luckily, the help of professionals specifically equipped to guide you through the process and make it as painless, efficient, and fair as possible can be an immense support

No matter your status—whether you are the executor or not—having professionals well-versed in probate is one of the best ways to improve the process. Keep in mind that the process can vary, and the steps below are generalized and simplified for ease of understanding. 

After an official copy of the will is delivered to the local probate court, a notice of the Petition for Probate is published in a local newspaper. Generally, this fulfills the requirement that the notice is made public. Then, the person acting as executor (meaning, personal representative of the decedent’s will), will be officially appointed or certified by the court. If you are entering the probate process without a will, things can look quite different. In that case, a court-appointed administrator will take the role of executor. 

Once the certification or appointment of the personal representative is finalized, they will file the formal petition with the court to probate the estate. The actual probate process lasts around 4 months. During this time, the estate files their claims, which can range from liens on property, unpaid debts, medical care debts, funeral expenses, or other encumbrances. It is during this period that the executor works to identify and access the assets of the estate in order to distribute them in line with how the will or court directs down the line. This requires its own set of paperwork and homework—the executor will search through bank and other accounts, plus they will determine how to approach the remaining debts of the decedent as well as secure property(s) owned by the decedent in order to secure their titles. It falls to the personal representative during this time to ensure the assets they are collecting remain in good condition and well-maintained, which can require additional rents, residuals, interest payments, insurance, etc. Additionally, the personal representative may in some cases liquidate some hard assets in order to fund creditors. 

The whole process from start to finish takes about six months, though that number can vary due to different types of complications. Overall, probate reaches its end when the formal claims period has expired and all assets have been collected. By this time property required to be sold has been sold, and other lingering requirements have been fulfilled. At the end of probate, the personal representative typically files their final petition with the probate court, which allows a complete distribution of all remaining assets to the heirs and beneficiaries. The petition includes detailed accounting of the expenses incurred, funds and assets received, how assets were invested or otherwise used, and the proposed final plan for the last asset distribution.

Probate can be a difficult, long process. It is especially frustrating because of the delicate nature of grief. However, with the help of informed, trustworthy professionals, probate can become much simpler. Joubert Caston and our team at Coldwell Banker Realty know how to handle this process with as much care and personal attention as possible. Dedicated to their work, clients, and community as a whole, this team knows how important a trustworthy, hardworking team is when it comes to processes as complicated and difficult as this.