The Probate Court Process

What Really Happens In Probate: A Step-By-Step Walkthrough Most Families Never Get

People talk about “avoiding probate” all the time, but very few can explain what probate actually is.

The truth is that probate is not a single event. It is a legal process that unfolds step by step, often over many months or years.

I have walked with families through that process after parents, spouses, and business partners died. It’s a brutal process – the same pattern repeats itself.

They are grieving.
They are overwhelmed.
And they are suddenly introduced to a system no one prepared them for.

This is what actually happens, in order, when an estate goes through probate in a typical U.S. jurisdiction.

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Step 1: Death, Shock, And Confusion

The legal process starts the moment someone dies, but the humans involved are in no state to think about courts or forms. The first “step” in practice is confusion.

Questions begin:

• Is there a will
• Where is it
• Who is named executor
• Who has access to accounts
• Who pays the immediate bills

If no one knows the answers, the stress multiplies.

Step 2: Locating The Will And Documents

Next, someone has to locate:

• The original will
• Any trust documents
• Life insurance policies
• Deeds
• Account statements
• Business records

If documents are scattered, outdated, or stored in different places, this step alone can take weeks.

If there is no will, the estate is considered “intestate.” In that case, state law decides who inherits, not the family.

Step 3: Choosing And Appointing The Personal Representative

If there is a will, it usually names an executor. If there is no will, someone must petition the court to be appointed as the personal representative or administrator.

The court then:

• Reviews the petition
• Notifies interested parties
• May require a bond
• Issues “letters testamentary” or “letters of administration”

These documents give the executor legal authority to act on behalf of the estate.

Until this happens, banks and institutions will often refuse access.

Step 4: Filing The Probate Petition And Opening The Estate

The executor or applicant files a petition in the appropriate court, attaching:

• The will
• A death certificate
• Basic information about the heirs
• An estimate of the estate’s size

If the court accepts the filing, it formally opens the estate and grants authority to the representative.

From this point forward, the court is involved.

Step 5: Notice To Heirs, Beneficiaries, And Creditors

The law requires notice.

The representative must:

• Notify heirs and beneficiaries
• Publish notice to creditors in a newspaper or official channel
• Send direct notice to known creditors

This invites anyone with a claim against the estate to come forward within a set period.

This is often the first time long-standing family tensions surface in a formal way.

Step 6: Inventory And Appraisal

The representative must then:

• Identify all assets
• Gather account information
• Work with appraisers for real estate or businesses
• Assign values as of the date of death

An inventory is filed with the court. In some jurisdictions, this is public record.

This step is where missing assets, unknown accounts, or hidden debts surface. It is also where a lack of planning becomes painfully obvious.

Step 7: Managing The Estate During Administration

While the estate is open, someone has to:

• Pay ongoing bills
• Maintain property
• Keep businesses running
• File tax returns
• Make decisions about investments

The representative is a fiduciary and can be held personally liable for mismanagement.

In one case I worked on, a business lost almost half its value during probate because no one was prepared to manage it under court supervision. By the time approval was granted to sell, the market had shifted.

Step 8: Paying Debts And Taxes

Before anyone can inherit, debts and taxes must be paid.

This may include:

• Final income tax returns
• Prior year corrections
• Estate tax returns (if applicable)
• Medical bills
• Credit card balances
• Loans and mortgages
• Legal and administrative fees

If there is not enough liquidity, assets may need to be sold, sometimes at a bad time.

Step 9: Resolving Disputes

If anyone disputes:

• The validity of the will
• The capacity of the decedent
• The fairness of distributions
• The actions of the executor

then hearings, mediation, or a full contest can follow. This can slow the process dramatically and increase costs.

I have seen families spend more money fighting over inherited assets than the assets were worth.

Step 10: Final Accounting And Distribution

Once:

• All debts are paid
• Taxes are filed and resolved
• Claims are handled
• Disputes are settled

the representative prepares a final accounting.

This details:

• Assets received
• Income earned during administration
• Expenses paid
• Proposed distributions

The court reviews it. If approved, the remaining assets can finally be distributed according to the will or, in intestate cases, under state law.

Step 11: Closing The Estate

Once distributions are complete and the court is satisfied, the estate is closed. The representative’s role ends.

For the family, it often feels like surfacing from deep water. Months or years have passed since the person actually died. Only now does the legal system consider the process “complete.”

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Why This Matters Before You Die

If you read through that sequence and felt tired, you already understand the point. Probate is not evil. It is simply slow, structured, and unforgiving.

You cannot shortcut it with wishful thinking or last-minute notes.

The best time to fix probate problems is before you create them.

Thanks for reading – hope this article provided some insights into the proces.

Talk soon,
Sid Peddinti, Esq.

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Disclaimer

This article is for educational purposes only and does not constitute legal, tax, or financial advice.

Topics

#Probate #EstateAdministration #ExecutorDuties #EstatePlanning #WealthTransfer #LawAndTaxMagazine

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