Simple Steps To Understand The Probate Process

Probate is a legal term that comes up when dealing with administering an estate. You’ll find that this is in fact something that many people deal with and could end up in a complicated mess. This has everything to do with settling debts after someone has passed on. Whomever is named in a last will and testament may have to deal with probate issues in court. There are some steps to consider in this process that could alleviate the tension a bit.

Filing Petitions 

First and foremost a petition has to be filed from the heirs and any beneficiaries that are named in the will. The petition has to name an executor or administrator of the estate that has been left behind. This petition gets published publicly through newspapers, etc. Creditors that are owed money by the decedent will be notified here.

Court Appointments

There will be a court appointment issued when the petition is filed. Once that is in place representatives of the decedent will have to notify all creditors to look at the estate and take inventory. Claims will then be made on inventory. If values of assets cannot be done an appraiser will need to be called into look for non-cash elements.

Figuring Out Legitimacy

The representative of the estate will have to look to see what debts are in fact valid, and which ones will be paid from the estate. This includes having to decide what to sell, liquefy, and move forward with final bills. These all have to be paid from the estate itself.

Distributing Leftover Assets

After bills have been paid, creditors are satisfied, and the estate is left alone, the main representative will petition the court once again and ask for permission to distribute assets according to the last will of the decedent. From there paperwork is written up and financial non-cash assets and more will be distributed to the beneficiaries overall.

The above is a simplified probate process. Of course there is more to this than mentioned above but to get a picture of what many are dealing with, you can refer to the steps mentioned above. When in doubt it’s best to hire an attorney that can deal with the paperwork and other issues that abound within the confines of probate court dealings, petitions, and beyond. It’s difficult to do this alone but it is not impossible either.

Orange County Probate Attorneys at Gokal Law