WHAT ARE THE STEPS INVOLVED IN PROBATE?
First of all, the Will (if there is one) needs to be submitted to the Court to determine its validity. A Petition to appoint an Executor must then be filed, followed by a preliminary accounting of the known assets and liabilities of the Estate. A careful review of all Estate assets, and their qualification as Probate or Non-Probate assets must then be done. After this qualifying procedure, Courts generally require that some sort of notice be given to potential creditors of the Estate. Outstanding debts should be settled. Following the settlement of any debts, the Executor may make distributions to the heirs of the Estate. Prior to closing the Probate, a final accounting of all assets, liabilities and distributions is filed with the Court. Only then may the Probate be closed. Individual Courts may have their own additional requirements or procedures for instituting or closing Probate.
