Probate

If you have a will, the person you named as executor will petition the court to be appointed as personal representative of your estate. If you don’t have a will, anyone can petition the court to be appointed as administrator of your estate. Even your creditors. Once the personal representative or administrator is appointed, that person begins the administration process, which includes filing an inventory with the court, publishing notices in the newspaper, paying bills, selling assets, closing accounts and filing and paying income taxes for the decedent and the estate. When the estate is ready for distribution and the statutory period for creditor claims has expired, the personal representative or administrator files an accounting, report and petition to distribute the estate to the named beneficiaries or your heirs by intestate succession. The court oversees the entire process and resolves disputes.