Executive Summary 

• Probate is a court-supervised process required when someone passes away with assets titled in their name alone. 

• The process includes filing a petition, publication in a newspaper, notifying interested parties and creditors, valuing assets, paying debts, and ultimately distributing property to beneficiaries. 

• Each step must follow strict legal procedures and timelines, which can feel overwhelming without guidance. 

• Understanding the probate process helps families set expectations, reduce confusion, and ensure the estate is handled correctly. 

When a person passes away and leaves behind assets titled in their name alone, those assets may need to go through probate—a court-supervised legal process ensuring debts are paid and property is distributed to the correct beneficiaries. For families who are grieving, probate can feel confusing and overwhelming, especially if it’s their first time encountering it. Knowing the general steps involved can provide clarity and help set expectations. 

Below is a step-by-step overview of how probate typically works. 

1. Filing the Petition

The probate process begins when someone—usually a family member or the executor named in the will—files a petition with the probate court. 
This petition asks the court to: 

• Open the probate case 

• Appoint a personal representative (called an executor if there is a will or an administrator if there is not) 

The court will then schedule a hearing to review the petition and formally appoint the representative. 

2. Notifying Interested Parties

After the petition is filed, all interested parties must be notified. This includes: 

• Heirs 

• Beneficiaries 

• Known creditors 

Notice must also be published in a local newspaper to alert unknown creditors. This ensures that anyone with an interest in the estate has the opportunity to participate or raise objections. 

3. Inventorying and Valuing Assets

Once appointed, the personal representative is responsible for gathering, identifying, and valuing all estate assets, which may include: 

• Bank accounts 

• Real estate 

• Investment accounts 

• Business interests 

• Personal property 

Appraisers or financial professionals may be needed to determine fair market value, especially for real estate or complex assets. 

4. Paying Debts and Expenses

Before beneficiaries can receive anything, the estate must satisfy outstanding obligations such as: 

• Funeral expenses 

• Final medical bills 

• Taxes 

• Creditor claims 

The personal representative reviews claims and determines which are valid. If the estate does not have enough assets to pay all debts, state law guides how to prioritize payments. 

5. Distributing Assets to Beneficiaries

After debts and administrative expenses are paid, the remaining assets can be distributed. 

• If the decedent left a will, the personal representative distributes property according to the will’s instructions. 

• If there is no will, state intestacy laws determine how assets are divided among heirs. 

The court may require a detailed final accounting before approving distributions. 

6. Closing the Estate

Once all tasks are completed and the court approves the personal representative’s final report, the estate can be formally closed. The personal representative is then released from their duties, and the probate process ends. 

Final Thoughts 

Probate involves multiple steps—court filings, asset management, creditor communication, deadline tracking, and final reporting. Although every estate is unique, understanding the general structure of the process can reduce uncertainty and help families feel more prepared. By following each required step, families can navigate probate confidently and ensure the estate is handled properly and in accordance with the law. 

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*This blog is intended for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult with a qualified attorney.