PROBATE 101

Understanding the probate process can help keep you from getting caught by surprise.

Who takes charge of a will after someone dies? What happens if someone dies without a will? Is there any way to avoid a lengthy probate process and pile of legal paperwork?      We’ll break it down for you.

Probate is the legal process of administering a person’s estate after their death. If you have a last will and testament, probate will involve proving that your will is legally valid, executing your instructions and paying applicable taxes.

Having a clearly written will is one way to make the probate process easier on your loved ones. After all, your will doesn’t only specify who should inherit what. It also designates who you’d like to take care of your kids if both parents were to pass away, plus the executor who should fulfill the instructions in your will.

If you die without a will, the probate court will rely on your state’s intestate law to figure out how to distribute the person’s stuff. (You know how Prince’s heirs had trouble inheriting his assets because he didn’t have a will? Yeah, like that.)

Legal proceedings often involve terminology that can be overwhelming when you’re already dealing with a lot. A few useful probate terms to know:

The deceased person whose estate is going through probate.

Executor or personal representative: 

The person in charge of carrying out the instructions in the will.

Administrator: 

A court-appointed executor, if someone dies without leaving a will.

A case where someone dies without a will.

State laws determining how to distribute such estates.

Notices that the executor has to submit, in writing, to the heirs (“interested parties”) and creditors.