After someone dies, their estate must go through a legal process known as probate. Even the estates of those who have left a will must pass through this process. At Shelton Law Firm in Chariton, IA, the lawyers want to demystify probate and offer you the legal advice and support you need to probate an estate.

How To Probate An Estate

1. File A Petition & Notify Beneficiaries

The first step is to file a petition with the probate court. If the decedent has left no will, the petition will instruct the courts to appoint an administrator for the estate. If there is a will, it will be submitted to the courts and the executor will be legally named. Any heirs and beneficiaries are notified that a petition has been filed in the probate court.

2. Alert Creditors & Take An Estate Inventory

The estate representative must alert any creditors to which the decedent had outstanding debts to let them know the decedent has passed away. This must be done in writing. Next, the representative should take an inventory of the estate — including all property, stocks, and other assets — to determine a value on the estate.

3. Pay The Estate's Expenses

The representative has the obligation to satisfy the outstanding debts of the decedent. These debts should be paid from the estate itself or, in some situations, it may be permissible for the representative to sell estate assets to pay off the debts. Any funeral expenses should also be paid from the estate.

4. Property & Assets Are Transferred To Beneficiaries

The beneficiaries named in the will then receive the property or assets they have inherited. If there is no will, the state's intestacy laws will determine who inherits what; this is typically the spouse or children.

Call Shelton Law Firm at (641) 774­-5956 to schedule a consultation with a probate lawyer. You can also visit the firm online or on Facebook to learn more about their services. By understanding how probate works, you can ensure the estate of your loved one meets all the necessary requirements to easily pass muster.