The term probate means "proof of validity of a will" through proceedings that usually occur in court. In the absence of a will, each state has laws governing the orderly distribution of assets to those entitled to inherit.

To many outside the legal profession, the probate process may seem like a lengthy, expensive process to settle a deceased person's affairs. In contrast, our experience has shown that probate can often be fairly straightforward, not even requiring an attorney. The information we provide is not legal advice and is meant as an overview of the process. You may wish to have a probate attorney review your case.

1. The Personal Representative, also know as the Executor / Executrix or the Administrator. The P.R. is the person who is appointed to manage the estate and to distribute the assets of the will. It is the duty of the Personal Representative to: Disclose all known assets Pay all expenses, which includes mortgages, notes, loans, secured and unsecured debts Distribute the Assets and or Funds to the Heirs.

2. The Heirs - The heirs are the person or persons who inherits or is entitled by law or by the terms of a will to inherit the estate of another. Although the assets may be intended for the heirs, the probate process typically mandates that creditors be satisfied prior to any distributions of assets or cash to the heirs. Often times, this requires liquidating all or part of the estate to satisfy the creditors.

3. Attorneys - Attorneys have a fiduciary responsibility to their clients to act in the best interest of the estate, personal representative, and heirs. Typically, Probate Attorneys have no financial interest in the estate. Fees do apply, but considering their professional service and expertise, this is well worth the time and hassle should you feel the need.

The Personal Representative will determine and verify:

• All personal property and real estate (if any) owned by the deceased.
• Taxes or debts owed by the deceased (including probate costs.)
• The rightful beneficiaries to whom all remaining real and personal property will be distributed.

Property is said to be owned by the "estate" of the deceased person and must remain so until a judge or other court-appointed person says it may be distributed. It is often necessary to sell property to satisfy estate debts and close probate. If this describes your situation, please contact us for immediate assistance.

You can expect an estate to be open for at least six months. Probate process differs with the size and complexity of the estate. Laws vary for each state; in some, small estates may avoid formal probate; however, debts must be paid.