What is Probate?

Probate is the legal process that occurs after someone passes away to settle their estate. This includes distributing assets, paying debts, and managing any outstanding responsibilities.

When a loved one passes, their estate (everything they owned) must go through probate to ensure everything is properly handled. It involves proving the validity of the Will (if there is one), appointing someone to manage the estate (usually a Personal Representative or Executor), and overseeing the distribution of assets according to the deceased person’s wishes or state law.

Why is Probate Important?

Probate ensures that your loved one’s debts are settled, their assets are distributed to the right people, and that everything is done according to the law. It provides a formal, legal framework to resolve any disputes and make sure that no step is overlooked in the estate administration.

Does Everything Go Through Probate?

No. Only assets owned solely by the deceased that don’t have a designated beneficiary (like a joint account or life insurance policy) will go through probate. Some assets can be passed on directly without the need for probate.

When a loved one passes, there are important legal steps you’ll need to take to handle their estate. Here’s a breakdown of the first five things you’ll need to do:

#1 Celebrate Your Loved One

Before worrying about the legal aspects, take the time to hold the funeral or memorial service, cremation, or another final remembrance. It’s important to focus on family first, and then let the legal work follow.

#2 Order Death Certificates

The funeral home will order death certificates for you. Many financial institutions, banks, and insurance companies require an official certificate, so be sure to order more copies than you think you’ll need.

#3 Find the Will (If There Is One)

If there is a Will, locate it to see who’s named as the Personal Representative (Executor). If there’s no Will, the law will direct who has the right to handle the estate.

#4 Open the Estate

To begin settling the estate, you’ll need to file a Petition for Probate. This legal process appoints a Personal Representative, who is given the authority to handle the estate and get Letters of Administration.

#5 Collect Assets

Your loved one’s assets—like bank accounts, real estate, vehicles, and investments—need to be gathered. This includes things without a named beneficiary, as these will be part of the probate process.

Why You Need an Attorney for Probate

Handling probate alone can be overwhelming. An experienced probate attorney will guide you through every step of the process—saving you time, reducing stress, and ensuring everything is handled correctly.

• We Help You Navigate Complex Situations – Whether it’s finding a lost will, gathering complicated assets, or addressing disagreements among family members, we’ve got you covered.

• We Handle the Court Process for You – Navigating the court system and communicating with the judge doesn’t have to be part of your burden. We’ll manage it for you.

• We Offer Peace of Mind – Probate can bring out difficult emotions. Let us handle the legal details so you can focus on grieving and being with your family.