Probate is a court procedure many estates are required to go through after someone passes away. It involves overseeing the proper administration of the deceased’s estate, as well as determining the validity of their will if they left one behind. Whether you’re working on your own estate plan, you have a loved one who has recently died, or you’ve been named the executor of a will, it’s helpful to understand how the probate process works. This can easily be explained in depth by Batavia, OH’s leading estate planning attorney. Donald K. Swartz of Swartz Law Office has helped guide many clients through probate swiftly and successfully. Below, he gives a brief overview of the steps you can expect.

Basic Guide to the Probate Process

1. File a Petition in Court & Give Notice of the Hearing  

The first order of business regarding probate is filing a petition with the court to admit the will and officially appoint the executor. If the decedent didn’t leave a will behind, the court will be in charge of deciding who should be named the estate’s administrator. During this time, all of the deceased’s beneficiaries and creditors should be notified of the impending hearing.

2. Take Inventory of Assets

Next, the executor will gather and take inventory of the decedent’s assets. This will include all real and personal property and finances. A bank account will need to be opened in the name of the estate to pay outstanding debt to creditors. In many cases, assets will be professionally appraised to determine the actual value of what’s left over after all debts are paid.

3. Manage Financial Affairs

Once it’s time to pay the deceased’s final expenses, the executor will be responsible for satisfying all remaining financial obligations. This commonly includes estate administration costs, funeral expenses, taxes, medical bills, and family allowances. This must be taken care of before allocating assets to beneficiaries. If there’s any question regarding legitimate claims, an estate planning attorney can sort it out.

4. Distribute the Estate

After the creditors’ claim period has passed and all financial responsibilities have been settled, the remaining property will be distributed to the decedent’s heirs accordingly. Assets will be transferred in compliance with the instructions left in their will, and if there isn’t one, the executor will follow the state’s intestate laws.

Some probate processes are straightforward while others are complex and drawn out. In either case, it’s beneficial to have an estate planning attorney like Donald K. Swartz to help you prepare for the proceedings. Working with Swartz Law Office will ensure all the proper documents are filed for a smoother, more efficient experience. Contact the firm at (513) 732-0900 to schedule a consultation, or visit their website to learn more.