How toStart Probate

Probate is generally handled in the appropriate court in the state and county connected to the person who died. The proper location can depend on where the person lived and, in some circumstances, where property is located.

If the person owned real estate in another state, additional proceedings may sometimes be necessary.

Because filing requirements and court procedures vary by state, it is important to check the requirements that apply to the particular estate.

If there is a will, locate the original document and determine who has been named as executor.

Other information that may be useful includes:

The documents required to begin probate depend on the estate and the requirements of the applicable court.

• Certified copies of the death certificate
• Trust or other estate planning documents
• Basic information about beneficiaries and family members
• Bank and financial account information
• Real estate records
• Information about debts and ongoing expenses
• Insurance and retirement account information

The person named as executor in a will will often seek appointment by the probate court.

If there is no will, or if the person named in the will cannot or does not want to serve, another eligible person may be able to ask the court to appoint them to administer the estate.

Who has priority or is eligible for appointment is determined by applicable state law.

Being named as executor in a will and being legally authorized to administer an estate are not necessarily the same thing.

When court appointment is required, the executor or personal representative generally receives authority through the probate process.

This distinction is important because certain actions involving estate accounts, property, and other assets may require established legal authority.

There may be practical matters that require attention soon after a death, such as protecting a home or other property and gathering important information.

However, care should be taken before withdrawing money, transferring assets, selling estate property, signing documents on behalf of the estate, or distributing belongings.

What a person can legally do before formal appointment depends on the circumstances and applicable state law.

Starting probate generally involves submitting required documents to the appropriate court and asking the court to recognize or appoint the person who will administer the estate.

The specific forms, filing procedures, notices, fees, and supporting documents vary by state and sometimes by the type of probate proceeding involved.

Some estates may also qualify for simplified procedures under state law.

Whether an attorney is required depends on applicable law and the circumstances of the estate.

Some people may be able to handle certain probate matters without an attorney. Other estates may involve legal questions or complications for which professional assistance is appropriate.

The complexity of the estate, disputes, unusual ownership arrangements, business interests, creditor issues, or uncertainty about legal requirements can affect that decision.

Once authority has been established, estate administration may involve identifying and protecting assets, addressing required notices, maintaining records, handling debts and expenses, managing property, communicating with beneficiaries, and eventually distributing assets when appropriate.

Probate administration generally takes place over time. Appointment is the beginning of the administration process rather than the completion of it.

A person named as executor may be unable or unwilling to accept the responsibility.

A will may name an alternate executor. If no named person is able or willing to serve, the court may appoint another eligible person according to applicable state law.

Professional assistance may be appropriate when there are disputes, questions about the validity or interpretation of a will, uncertainty about who should administer the estate, complicated assets or property ownership, significant creditor issues, business interests, tax matters, or other legal questions.

Understanding the basic probate process can help you recognize the questions that may need to be addressed and determine when additional assistance may be appropriate.

Once the appropriate person has authority to administer the estate, attention generally shifts from starting probate to managing the estate itself.

This can include identifying assets, protecting property, addressing debts and expenses, maintaining records, communicating with beneficiaries, and completing the responsibilities required before the estate can eventually be distributed and closed.