Understanding Probate

Probate is how the court:

• Determines a will’s authenticity
• Identifies a personal representative, also known as an executor
• Ensures that assets are correctly distributed
• Makes certain all debts and taxes of the deceased are paid.

If no will exists, the court will appoint an executor, usually a spouse or relative, but sometimes an attorney or financial institution.

If the estate is large or complex, the probate process can take years. But if the deceased had joint accounts with survivorship, the probate process may be unneeded. If in doubt, consult an attorney.

What should you bring to probate?

Here are some things you should have available for probate:

• The deceased’s full name and date of death
• A certified copy of the death certificate (this can often be filed later)
• A will, if there is one
• If the deceased was your spouse, a copy of the marriage certificate (or the date and place of marriage)
• Information about any previous marriages
• The names and addresses of all heirs, next of kin and beneficiaries
• A summary of the deceased’s assets