What to Do When Someone Dies: Handling the Estate
It’s a difficult feeling to wonder what to do when someone dies. Losing a loved one is overwhelming, and on top of grief, you’re now faced with handling the estate. What happens next? What do you need to do? If you’re feeling unsure about the probate process, you’re not alone—many people don’t even know what probate is until they have to deal with it. The reality is that what happens next depends on whether your loved one had a will, a trust, or no estate plan at all.
Start by locating the will, then file it with the county probate court. The court will review its validity and appoint the named executor to handle the estate. The executor’s job is to settle debts, pay taxes, and distribute assets. If there are disputes, the court steps in to resolve them. Having expert probate attorneys ensures the executor fulfills their duties correctly, minimizes complications, and helps settle the estate as quickly as possible.
If no will exists, the probate court follows state laws to determine who inherits the estate. The court appoints a personal representative (in most cases this is a spouse, child, or close relative) to handle debts, taxes, and asset distribution. Since there’s no written plan, state law decides who gets what, which may not always align with the deceased’s wishes. Without a will, probate can take longer and sometimes lead to legal disputes. However, having expert support can help you make sense of state inheritance laws and keep the process on track.
If the person had a properly funded trust, probate is not necessary. Assets placed in a trust are owned by the trust itself, not the individual, bypassing the probate process upon the grantor’s passing. Trusts work by allowing a designated trustee to manage the assets according to the trustor’s wishes. Trusts are either revocable or irrevocable. The successor trustee takes over and follows the trust’s instructions for distributing assets. However, if assets weren’t moved into the trust, probate may still be required. Disputes, debts, or excluded assets can also lead to court involvement. If probate becomes necessary, experienced attorneys can guide you through the process and protect the estate.