Probating

Probating refers to the legal process of administering a deceased person's estate. This process officially validates a will and determines how the deceased person's assets and liabilities will be distributed. The probate court oversees this process, ensuring that the deceased's wishes are carried out and that all debts and taxes are paid.

When an individual dies, their will typically names an executor, who is responsible for initiating probate. If there is no will, the court appoints an administrator. The executor or administrator must file the will with the probate court, along with a death certificate and a petition to open probate. The court then reviews the will to ensure its validity and appoints the executor or administrator.

Once appointed, the executor or administrator must identify and inventory all of the deceased's assets, including real estate, bank accounts, investments, and personal property. They must also identify and settle any outstanding debts, such as mortgages, credit card bills, and medical expenses. After debts and taxes are paid, the remaining assets are distributed to the beneficiaries named in the will or, if there is no will, according to the laws of intestacy. The entire probate process can take several months to over a year, depending on the complexity of the estate and the court's caseload.