When your loved one dies, there are a lot of things that you will have to deal with. That includes their will or lack thereof. The process of handling that is called probate. But what does the probate process look like?

Filing a Petition with Probate Court

The first thing that you need to do is file a petition with the probate court. The petition asks the court to recognize the will and accept it so that the estate can be handled. It also asks the court to approve and appoint the executor that was named in the will. If there isn't a will, then the petition will ask the court to appoint someone to act as the executor for the estate. The petition will also ask that notice be given to all of the heirs and potential heirs so that they are aware of all the process and can lodge any complaints, objections, or contests to the will. 

Secure the Assets

After the executor has been named, appointed, and approved, their job is to take inventory of the estate and secure all the assets. There may be assets that will need to be managed until they can be turned liquid or handed over to beneficiaries. Part of handling the estate is going to include finding out who all of the creditors are. The executor will have to notify all of the creditors that your loved one is dead so that they can make any claims on the estate. All the other bills must also be paid out of the estate, such as funeral expenses, taxes, and any debts. 

Disburse to Beneficiaries

Once all the expenses have been paid, it's time to disburse the estate to the heirs as listed in the will, or in the case of no will, as the executor feels that the decedent may have wished. That can include doing things like transferring the titles of any properties over to the appropriate person. That may also include selling certain properties, both real and financial so that the monies can be disbursed to the beneficiaries. 

After your loved one has died, you are going to have more things to do than you thought that you would otherwise have had to do. One of those things is making sure that your loved one's estate goes through probate. If you are worried about it, you can hire a probate attorney like David R Webb Attorney to help you with the entire process.