What is Probate and How Does It Work?

January 14, 2023

2 min read

Probate is the legal process of settling an estate after a person has died. It involves the court appointing a personal representative to manage the deceased person's property, pay any outstanding debts, and distribute the remaining assets to the beneficiaries named in the will. Probate can be either formal or informal, depending on the size and complexity of the deceased person's estate.

Formal probate is the more traditional and time-consuming process, and is typically used when the deceased person's estate is large or complex, or when there is a dispute over the will or the distribution of the deceased person's assets. In a formal probate, the personal representative must go through the court to be appointed and to get permission to take certain actions, such as selling property or distributing assets. This process can take months or even years to complete, and can be expensive due to court costs and attorney fees.

Informal probate is a simpler and faster process, and is typically used when the deceased person's estate is small and doesn't have a lot of complex assets. In an informal probate, the personal representative files a request with the court to open the probate process. The court reviews the request and, if it determines that the estate is eligible for informal probate, will appoint the personal representative and give them the authority to distribute the deceased person's assets according to the terms of their will. This process can often be completed in a few months, and is usually less expensive than formal probate.

One of the key responsibilities of the personal representative in a probate is to inventory the deceased person's assets and determine their value. This includes not only financial assets such as bank accounts and investments, but also personal property such as cars, furniture, and jewelry. The personal representative must also locate and notify the beneficiaries named in the will, and provide them with a copy of the will and any other relevant documents.

Once the assets have been inventoried and valued, the personal representative must pay any outstanding debts and taxes that are owed by the deceased person's estate. This may include things like credit card bills, medical bills, and mortgage payments. Any assets that are not needed to pay these debts will be distributed to the beneficiaries according to the terms of the will. If the deceased person did not have a will, or if the will is found to be invalid, the assets will be distributed according to state law.

Probate can be a complex and emotional process, and it is important for the personal representative to handle it with care and sensitivity. They must communicate with the beneficiaries and keep them informed about the status of the estate, and make sure that the assets are distributed according to the deceased person's wishes. It is also important for the personal representative to document their actions and keep detailed records, to ensure that the probate process is conducted properly and that any potential challenges or disputes can be resolved.

Overall, probate is an important process that ensures that a deceased person's assets are distributed according to their wishes, and that any outstanding debts are paid. It can be a complex and time-consuming process, but it is important for ensuring that the deceased person's estate is properly settled and that their loved ones are taken care of.