Who is responsible for handling a probate?
Usually the executor named in the will handles the probate, with the assistance of an attorney. If there is no will, or if the will does not name an executor or the executor declines to act, then the court names an administrator. The executor or administrator has no authority to act until “Letters Testamentary” or “Letters of Administration” are issued by the court. If no formal probate is required, then the persons entitled to the decedent’s assets usually take care of paying the decedent’s debts, filing final income tax returns, and distributing the property to those entitled to it.
