Probate Explained

Probate is the legal process that may take place after someone passes away when assets need to be gathered, transferred, sold, or distributed.

If there is a will, the court generally reviews it and appoints a Personal Representative to help manage the estate, pay valid debts, address taxes, and distribute assets according to the will and applicable law.

Not every estate requires probate. In some cases, assets held in a trust or assets with named beneficiaries may pass outside of probate entirely.

In many cases, the process may include:

Submitting the will to the probate court, if one exists

Appointing a Personal Representative or Executor

Publishing or sending required notices

Identifying, gathering, and protecting estate assets

Allowing creditors the opportunity to submit claims

Valuing assets and selling assets when necessary

Paying valid debts, expenses, and taxes

Filing final accountings and required court paperwork

Distributing the remaining estate assets to beneficiaries or heirs once approved

When There Is No Will

If someone passes away without a valid will, that situation is often called intestate.

In those cases, the court typically appoints an administrator to handle the estate. This is often a close family member or another qualified person.

The administrator’s role is similar to that of a Personal Representative and may include identifying heirs, locating and valuing assets, addressing debts, and distributing estate property according to state law.

Important: Missing deadlines or failing to follow proper procedures can sometimes expose a Personal Representative to unnecessary problems or liability.

Responsibilities may include:

Creating and maintaining an inventory of estate assets

Determining which assets may be subject to probate

Receiving payments owed to the estate

Opening and managing an estate checking account

Arranging appraisals or other valuations when needed

Identifying the proper heirs or beneficiaries

Giving notice to potential creditors

Reviewing and responding to claims against the estate

Paying valid debts, claims, and estate expenses

Handling court documents and administrative paperwork

Addressing matters such as Social Security notification and utility changes when necessary

Filing final tax returns when required

Distributing property and remaining assets to the appropriate beneficiaries or heirs

Real Estate Guidance During Probate

Real estate is often one of the largest assets in an estate. That means decisions involving value, repairs, cleanout, maintenance, and sale strategy can all matter.

With specialized training in probate and real estate, I can help coordinate the real estate side of the process and connect you with professionals, services, and resources when needed.

That may include Probate Comparative Market Analyses, working with attorneys, marketing to cash buyers, marketing to the public, and helping coordinate cleanouts, repairs, and general property preparation.

The goal is to help keep the process organized while protecting the value of the property.