Except in a few specific circumstances, the estate of someone who has passed away has to go through probate. This process allows a trusted individual to pay off the deceased’s remaining debts, close financial accounts, retitle assets, and pass them out to the beneficiaries. It consists of a few essential steps, although complex estates or legal challenges can significantly complicate the process.

What Does Going Through Probate Involve?

1. Filing a Petition With the Court

After a person’s death, you will have to submit a petition to the court asking them to admit their will and appoint the executor. If the decedent passed away without an estate plan, the court will choose an administrator to help with this process. Any heirs, beneficiaries, or creditors of the decedent should also be notified and a notice published in a local newspaper.

2. Inventorying the Estate

The executor or the administer is charged with thoroughly cataloging the assets of the decedent, including tracking down items specifically named in their will. Some assets will have to be professionally appraised, especially if the individual passed away without a will.

3. Paying Back Debts

Once a thorough accounting of the decedent’s estate is completed, the executor can begin paying off debts and income taxes. If necessary, they may have to sell off assets of the estate, even if those belongings were specifically mentioned in the will as items to be transferred to a relative.

4. Transferring Assets to Beneficiaries

When the debts have been paid and a complete inventory of assets has been submitted to the probate court, the executor may start distributing assets. If the decedent had a will, the belongings will be divided according to their instructions. If there wasn’t any, the deceased’s property will be divided according to the intestacy laws of your state.

Navigating the probate process can be overwhelming, especially when dealing with the loss of a loved one. Since 1893, the attorneys at The Law Offices of Bromm, Lindahl, Freeman-Caddy & Lausterer have provided first-class representation and legal guidance to families throughout the Wahoo, NE, area. Visit their website to learn more about their experience or call (402) 443-3225 to schedule a consultation today.