How Does Probate Work?

Probate is the legal process of managing the estate of a deceased person. Probate courts review the validity of a will so that the executor can settle the estate. This can be a time consuming and difficult process depending on the circumstances.

Types of Probate

There are two main types of probate, independent administration and dependent administration. The difference has to do with the wording of the will. When a will specifies that the executor may serve without supervision of the court and without bond, the process is known as independent administration. If the will does not contain this provision, or if there is not a will at all, the probate is considered a dependent administration.

Steps of the Probate Process

The probate process starts when an attorney files an application for probate. The attorney will inform the court of the death and nature of the will. The application and original will are filed in the county clerk's office. A hearing date will be assigned. It is required by law that notice be given to inform the public of the date of the pending probate. Interested parties can examine the will and are given the option to contest it. During the hearing, the attorney and executor will appear. The judge will rule on the validity of the will and the suitability of the executor. If all legal requirements have been met, the judge signs an order activating the authority of the executor.

Responsibilities of the Executor

The executor is responsible for settling claims on the estate. The executor must provide written notice to secured debtors, but has a choice about notifying unsecured creditors. The creditors submit claims, and the executor must decide to accept or reject them. Once the debts and taxes are settled, the remaining assets are distributed as specified in the will.