When someone passes away, their estate may have to go through probate, the legal process of transferring belongings and assets to their beneficiaries. Even if the decedent prepared a will, the entire process can take months, with multiple steps that can be confusing and frustrating for the family members left behind. Understanding how probate works and what to expect can help alleviate stress and prevent common mistakes, especially if you’ve been named as the executor of a loved one’s estate.

A Brief Introduction to Probate

Verifying the Will

If the decedent prepared a will, a family member will have to submit it to the court, along with a petition to open the estate. Shortly afterward, they’ll schedule an initial hearing, during which anyone has a right to object to the will. If your loved one passed away without a will, the court will choose a close family member to act as the executor.

Settling Debts

Before the decedent’s assets can be passed out, the executor will have to pay off certain of their outstanding debts. If the estate doesn't have enough cash to settle the decedent’s obligations, the executor may have to sell off assets, even if they were promised to a beneficiary in the will.

Inventorying Assets

The executor may also have to prepare a complete inventory of the decedent’s assets, which may have to be submitted to the court. This list should include all items mentioned in the will, cash, and valuables that were not included in the decedent’s estate plan.

Distributing Belongings to the Beneficiaries

Once the estate’s debts have been settled and its assets fully documented, the executor can ask the court to close the probate case. Unless there are any pending challenges to the will, the court will typically allow the executor to distribute the decedent’s belongings to their chosen beneficiaries. If the decedent didn’t write a will, their assets will be divided according to the intestate succession laws of your state.

We can help you avoid probate with the right planning, saving your family time and money.  Call us to see how.

If you’ve been named the executor of a loved one’s estate, the Bristol Law Office is a legal firm that cares about achieving the best possible outcome. With over 30 years of experience guiding clients throughout Roswell, NM, through the probate process, you can rely on their legal team for detailed advice and representation. Visit their website for an overview of their comprehensive legal services, get legal tips on Facebook, or call (575) 625-5284 to arrange your initial consultation today.