When my husband died, I had no idea what probate was. All I knew was that I needed to go through this legal process in order to sell our house, which was in both of our names, and to access any accounts that were only in his name. Since he had what was considered a small estate, I was able to avoid going through the full process, but it would’ve been so helpful to know what I was stepping into. If you also don’t know what probate is, check out my blog post on probate FAQs. Here are the high-level process steps:

Step 1: File a Petition With the Court

To initiate the probate process, an interested party (typically the surviving spouse) files paperwork in the probate court of the county where the deceased person lived.

• If there is a will, the will and a petition to have the will admitted to probate is filed.
• If there is not a will, a petition to appoint a personal representative or other fiduciary to administer the probate estate is filed.

Step 2: Appoint a Personal Representative

The court appoints a personal representative and gives them legal authority to act on behalf of the estate.

• If there is a will, this person is the executor who is named in the will.
• If there is not a will, this person is called an administrator.

Step 3: Notify Interested Parties

To give interested parties a chance to contest the will or file claims against the estate, the executor/administrator must notify all known heirs, beneficiaries and creditors through direct written notice and unknown creditors through publication (ex: newspaper).

Step 4: File Claims

Any relevant creditors (for ex: a credit card company if your late spouse had credit card debt) can file their claims with the probate court. Generally, if a creditor doesn’t file their claim within a specific timeframe (usually six months or less), the creditor’s claim is barred.

Step 5: Inventory and Appraise Assets

The executor/administrator is responsible for identifying and appraising all assets subject to probate. Non-probate assets (trusts, joint property, accounts with designated beneficiaries) are not included in this process.

Step 6: Manage Estate Property

The executor/administrator is responsible for managing estate property, which includes:

• Opening an estate bank account
• Securing property
• Maintaining insurance
• Collecting income

Step 7: Pay Debts, Expenses, and Taxes

The executor/administrator pays these in a legal order of priority:

• Funeral and administration costs
• Taxes
• Debts (some may be reduced or eliminated if the estate lacks funds)

Step 8: Distribute Assets

The executor/administrator distributes remaining assets according to the will or state law (if there is no will). Receipts or court approvals may be required.

Step 9: Close the Estate

The estate is closed after all property has been distributed. This usually occurs after a final accounting or report is filed with the probate court and a petition to discharge the personal representative is filed with the court.

Disclaimer: I am not an expert on the probate process and am merely passing along information based on my understanding and experience of it.