When a loved one passes away, their estate will have to go through the probate process, which settles the decedent’s debts and legally distributes their belongings to their heirs. The system may seem intimidating and complex, which is why many turn to a probate attorney, especially if there is a dispute over the will.

To get a sense of what it entails, the process can be broken down into a few steps:

1. Name an Executor

Probate starts when the decedent’s chosen executor submits their last will to the court. If they didn’t leave a will, you’ll have to petition the court to name you as the estate’s personal representative. You’ll also have to notify any heirs or beneficiaries who might raise issues or dispute decisions at the court hearing.

2. Notify Creditors & Take Inventory

Any creditors to whom the decedent owed money must be notified, usually in writing. You’ll also have to take a thorough inventory of the estate, including any business interests, real estate, bonds, and non-cash assets. To be thorough, it’s best to have a probate attorney assist.

3. Pay Costs

The executor will have to pay any legitimate final bills from the estate, including funeral expenses, taxes, and other debts. Depending on the decedent’s finances, you may have to liquidate some of the estate property to cover the costs.

4. Property Is Distributed

Once the debts have been cleared, the executor petitions the court for permission to distribute the remaining assets. If you need to draw up new deeds, transfer significant assets, or establish a trust, it may be a good idea to consult a probate attorney to ensure that everything is done correctly.

Dennis P Faller, Attorney proudly offers high-quality estate planning and probate services to clients throughout Auglaize County, OH. Whether you’re writing your will or have been named an executor by someone else, see how he can help online, or call (419) 738-4578 to speak to the accomplished probate attorney today.