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10 Steps of the Probate Process

The probate process is the legal procedure that is followed in order to settle the estate of a deceased person. The process can be complex, and it is often advisable to seek legal counsel.

The 10 steps in the probate process typically include:

Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Step 1

Authenticate the Will
To verify the Will's validity, it must be "authenticated" once a person dies. The Will must be submitted to the probate court where the deceased person died in order to complete this step.

Step 2

Appoint the Executor
The Executor is legally appointed to their position either by the Will or, if there wasn't a Will, by the court.

Step 3

Post Bond
A probate bond is required to guarantee that the Executor fulfills the duties of the Will and follows state laws after he or she has been selected.

Step 4

Letter of Administration
Before the Executor can begin to handle the estate, they must first receive a Letter of Administration from the court.

Step 5

Locate and Protect Assets
During this step, all assets are located and placed in exclusive control of the Executor. This includes real estate, but also bank accounts, investment portfolios, vehicles, etc.

Step 6

Assets Appraised
After the Executor gets an appraisal of all assets, they will file an inventory with the court.

Step 7

Notify Creditors
The Executor notifies any and all creditors who have a specific time to submit a claim on the estate.

Step 8

Pay Off Debts
The Executor liquidates certain decedent's assets and pays off all of the deceased person's obligations.

Step 9

File Tax Return
The Executor files the deceased person's personal income tax return for the year of death and pays any taxes owned from the estate.

Step 10

Distribute Any Remaining Assets
The Executor distributes any remaining assets, such as cash, to the beneficiaries according to the Will.