What is Probate?

When a loved one dies, it is always a tragic occasion, regardless of the circumstances or the beliefs of the survivors. However, in the midst of the grief are particularly devilish procedures that must be completed in order to avoid legal implications. One of the most important issues that must be faced is probate. While people hear this word all the time, few are sure what is truly involved until they have to pursue the process themselves. Unfortunately, those most directly involved in probate are usually quite stressed and not in a state of mind to absorb the details of the process.

Probate is literally the legal settling and distribution of the estate of the deceased. Sometimes, the process is made simple, with most details of passing on the estate taken care of by documentation completed during living years or through community property laws. However, if there is no will or living trust, a probate court will review a listing of all the decedent's holdings, dispersing the funds as necessary first to cover any debts owed by the deceased, followed by a legal distribution of the estate to the next of kin or other relatives staking claims.

If a will exists, there is generally an executor, or someone who was designated by the deceased to enact all requests of the will. This person is charged with collecting all documentation of accounts and presenting the information to the probate court for consideration, as well as with seeing that all beneficiaries of the will receive their proper due. The person chosen for this responsibility must be level headed and able to function under the most stressful, unpleasant circumstances with businesslike precision.

In the event that any property goes into probate status, the process is not simple or quick. Typically, the probate process takes months or even a year in some cases, depending on the size of the estate, the number of different accounts and holdings, and how many possible beneficiaries there are. It also depends on the complexity of the laws regarding probate within each state. Unless there are complaints, claims against the will, and other complications, many probate courts are very informal in the processes and will usually agree to the prioritization as determined by the executor. If no executor is appointed by the decedent, the court will appoint one and then most likely follow the advice of this administrator. Complications usually only arise when bitter relatives feel they deserve something they did not receive.