Probate of Estates
Why is probate necessary?
Probate is necessary to give the executor or administrator legal authority to deal with the decedent’s probate assets. The executor or administrator has the authority and duty to take control of and safeguard the assets of the decedent’s estate.
What does probate involve?
Probate generally works like this. Following your death, the person named in your will as executor – or, if you die without a will, the person appointed by the probate court - files papers in the probate court. The executor proves the validity of your will and present the court with lists your property, your debts, and who is to inherit what you’ve left. Relatives and creditors are officially notified of the decedent’s death. The executor or administrator takes care of the following tasks:
- filing the deceased person’s will with the probate court
- identifying and inventorying the deceased person’s property
- having the property appraised
- paying off debts, including estate tax - if any
- having the will “proved” valid to the court
- distributing what’s left as the will directs
- your assets are distributed according to the instructions in your Will
LOREH will walk you through this process, making sure you understand what is being done and why.