Experiencing the loss of someone you love is never easy. In addition to the emotional toll it places on you and your family, you must also push through your grief and oversee the legal matters related to your loved one’s death.
While navigating probate may seem unfamiliar, understanding how it works can help make the process easier to manage.
What happens during probate?
When your loved one passes away, their estate will go through a court-administered distribution process. Also known as probate, this procedure begins when you file your deceased loved one’s will with the probate court.
A judge will assess their legal document’s validity and appoint their named “executor” or personal representative. This person will manage the estate and fulfill the deceased’s last wishes.
What does an executor do?
An executor’s key duties will include:
- Managing the funeral and burial arrangements
- Contacting the will’s list of beneficiaries
- Notifying the creditors
- Locating, identifying and valuing assets
- Settling any outstanding debts, loans and taxes
- Distributing property to its rightful heirs
Once your loved one’s executor accomplishes their tasks and files for discharge, the court will issue an order that officially closes off their estate.
Are there assets that are exempt from probate?
Yes, there are assets that can bypass probate. If your loved one has trust-owned property, transfer-on-death deeds, life insurance policies and retirement accounts, their designated beneficiaries will receive them without probate.
A helping hand in times of difficulty
Managing your loved one’s probate while you are still grieving is an emotionally challenging experience. To help unload some burden off your shoulders, seek support from legal counsel. With their skills and experience, they can provide clarity to your concerns, assist the executor with their duties and guide your family through the whole process.