Probate sounds intimidating when you first hear the term, especially if you have never handled an estate before. Families usually enter the process during a difficult time, and the combination of legal requirements, timelines, and paperwork creates a heavy burden.
Understanding the basics brings more clarity to each facet, and working with a knowledgeable attorney adds structure to a process that is rarely simple on its own.
What Probate Really Is
Probate is a court-supervised process that settles a person’s estate after they pass away.
The court reviews the will if one exists, appoints an executor (also called a personal representative) to administer the estate, and oversees the steps required to gather assets, pay valid debts, and distribute property to the people entitled to receive it.
Some estates move through probate quickly, while others take more time, particularly when real estate, business interests, or blended family situations are involved.
No two estates look the same, which is why guidance from an experienced attorney is so valuable.
The Role of the Executor or Administrator
If the person who passed away left a valid will, the will typically names an executor.
This person is responsible for carrying out the instructions in the document. When no will exists, the court appoints an administrator. The title may differ, but the responsibility is the same.
This role involves a wide range of tasks:
- Gathering financial records
- Contacting banks and institutions
- Identifying and valuing assets
- Managing real estate
- Communicating with beneficiaries
- Filing court documents
- Paying debts and final expenses
How Assets Move Through the Process
Not every asset goes through probate.
Property titled jointly with another person, accounts with beneficiary designations, and assets held in a trust often transfer outside the court process. Everything else is handled within probate.
Part of the attorney’s work is helping the representative determine which assets belong in probate and which do not. This keeps the estate organized and prevents unnecessary delays.
Avoiding Common Pitfalls
Probate requires accuracy, deadlines, and careful attention to detail.
Mistakes can slow the process or create conflict among family members. Guidance from an attorney helps prevent these problems by explaining each requirement clearly and helping the representative stay on track.
Clear Direction
Probate is a process that takes place during a time of loss, which makes clear direction especially important. When families understand how probate works and have professional support along the way, they feel more grounded and prepared for each step.
If you are beginning the probate process or have questions about where to start, an experienced attorney can help you manage the responsibilities that follow a loved one’s passing.
About McCormack Law, LLC
McCormack Law, LLC is a boutique estate planning law firm focused on delivering highly personalized, compassionate, and comprehensive estate planning services for individuals, families, and small business owners.
For more information or to schedule a consultation, please contact us today.
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