Probate

Probate. If there is no will, the court will name an administrator for the estate. If there is a will, the named executor will file a petition with the probate court. Notice will be sent to the decedent's heirs, notifying them of the probate proceedings.  Probate is handled by the deceased person's executor, who must:

  • prove in court that a deceased person's will is valid (usually a routine matter)

  • identify and inventory the deceased person's assets

  • have those assets appraised

  • pay debts and taxes, and

  • distribute the remaining property as the will (or if there's no will, state law) directs.