Probate and Wills

Probate is the process in which a court authenticates a deceased person's will and directs the distribution of that person's assets (estate) to the people named in the will.  Probate can last anywhere from 6 months to 3 years, with the average length being about a year and a half, and it can be very trying and very expensive, which is why many people try to avoid it. The person named as the executor or executrix in the will manages the distribution of the estate under the supervision of the court (and usually hires an attorney to do most of the work).  If no executor or executrix is named in the will, or if that person cannot carry out the required duties, then the court will appoint an administrator of the estate. 

There are very specific rules involved in probate, which is why an attorney is often needed.  Relatives of the deceased must be notified of the probate proceedings and a court date must be set.  Here the executor or executrix must prove that the will being presented is valid and legal.  If the court determines that it is, then probate continues.  The executor or executrix is then responsible for gathering the deceased person's assets and having them appraised.  This is when creditors, whom the executor or executrix has notified, may file claims against the estate.  Owed taxes, attorney fees, the executor's or executrix's fees, funeral expenses, as well as the creditors' claims, must all be paid before the remaining assets, if there are any, are distributed to the beneficiaries of the will

Find out about handwritten wills.

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