What is Probate?

We get this question a lot…What is Probate?

In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all under the supervision of the court.

Probate means that there is a court case that deals with:

• Deciding if a will exists and is valid;
• Figuring out who are the decedent’s heirs or beneficiaries;
• Figuring out how much the decedent’s property is worth;
• Taking care of the decedent’s financial responsibilities; and
• Transferring the decedent’s property to the heirs or beneficiaries.

What are the first steps in dealing with an Estate when someone dies?

• Step 1: Figure out who will be the estate representative.
• Step 2: As estate representative, start gathering information and fulfilling your duties.
• Step 3: Figure out who the heirs and beneficiaries are.
• Step 4: Identify and make an inventory of the decedent’s property.
• Step 5: Figure out the best transfer process for the assets.

 

Do you need to speak with a Probate Attorney? Click Here to Contact Rex Crandell

Rex Crandell Firm is ready to help! Call the office at 925-934-6320