The Probate Process: Four Simple Steps

When it comes to administering a decedent's estate, the process commonly referred to as "probate”—many people fear it is daunting and complicated, but it can actually be as simple as four steps.

What is the Probate Process? 

Probate refers to the process whereby certain of decedent's debts may be settled and legal title to the decedent's property held in the decedent's name alone and not otherwise distributed by law is transferred to heirs and beneficiaries. If a decedent had a will, and the decedent had property subject to probate, the probate processbegins when the executor, who is nominated by the decedent in the last will, presents the will for probate in a courthouse in the county where the decedent lived, or owned property. If there is no will, someone must ask the court to appoint him or her as administrator of the decedent's estate. Often, this is the spouse or an adult child of the decedent. Once appointed by the court, the executor or administrator becomes the legal representative of the estate.

The Four Basic Steps to Probate

1. File a petition and give notice to heirs and beneficiaries.






The personal representative must determine which creditor's claims are legitimate and pay those and other final bills from the estate. In some instances, the personal representative is permitted to sell estate assets to satisfy the decedent's obligations.

4. Legal title in property is transferred according to the will or under the laws of intestacy (if the decedent did not have a will).


In short, a properly drafted will, updated regularly to account for life changes, organized records of debts, personal property and other assets simplifies the probate process. The easier it is for your personal representative to trace your steps after you're gone, the easier the process.

(contributed by Renee Hykel Cuddy, Esq)