The Probate Process Step-by-Step

We’ve provided a simplified version of the probate step-by-step below for your reference. Probate is time-consuming and complicated; even small mistakes can lead to delays. However, hiring the Probate Experts ensures that everything is handled correctly and efficiently, giving you peace of mind during a difficult time.

Step 1: The Probate Case Opens

The will gets filed with the county probate court along with a petition to start probate.

Step 2: Appoint an Executor or Personal Representative

The court officially approves the executor named in the will. If there’s no will, the court selects a representative—usually a close family member—to manage the estate.

Step 3: Notify Beneficiaries and Creditors

Afterwards, the executor or representative must notify heirs, beneficiaries, and creditors about the probate case. Creditors have a set time to file claims for any outstanding debts.

Step 4: Identify and Value Assets

The estate’s assets—bank accounts, real estate, investments, and personal property—are gathered and valued.

Step 5: Pay Debts and Taxes

Then the estate covers outstanding debts, final bills, and any required taxes. Moreover, court fees and probate costs also come out of the estate.

Step 6: Resolve Disputes

Next, any disagreements over a will or assets are resolved by the court, which reviews evidence and makes final decisions.

Step 7: Distribute Assets

If there’s a will, assets are distributed according to its instructions. However, if there’s no will, state law decides who inherits.

Step 8: Close the Estate

Lastly, once debts are paid and assets are distributed, the court approves the estate’s closure, ending the probate process.