The Probate Process

A plain-language overview of the major steps involved in administering an estate.

Before You Start

Before the formal probate process begins, families often need to take care of immediate practical matters. These may include funeral arrangements, locating important documents, securing property, ordering death certificates, and identifying who may be responsible for handling the estate.
  • Important early steps may include:
  • Locate the original will, if there is one
  • Order certified death certificates
  • Identify immediate family members and possible heirs
  • Make funeral or burial arrangements
  • Secure the deceased person’s home, vehicle, and personal property
  • Gather basic financial information
  • Determine whether there are probate assets
  • Contact the appropriate probate office or court
The earliest stage can be emotional and confusing. It is okay to move carefully and ask for guidance before making major decisions. If you haven’t already read our page on if probate is necessary, you might want to see that before proceeding:
Is Probate Necessary?

Review the Will

If the deceased person left a will, the original will may need to be filed with the appropriate probate office or court.
The will may name an executor, describe who receives property, give instructions about real estate or personal property, and sometimes waive or change certain requirements.
If there is no will, the estate may be handled under the state’s intestacy laws. In that situation, the person appointed to handle the estate is usually called an administrator instead of an executor.

Qualify as Executor or Administrator

Before someone can officially act for the estate, they may need to qualify through the local probate office, clerk’s office, or court.
Once qualified, the personal representative may receive documents showing their legal authority. These may be called letters testamentary, letters of administration, certificates of qualification, or similar names depending on the location.
  • The qualification process may involve:
  • Filing the will, if there is one
  • Providing a death certificate
  • Listing heirs or family members
  • Estimating probate assets
  • Paying fees or taxes
  • Posting a bond, if required
  • Receiving proof of authority

Notify Heirs and Beneficiaries

After qualification, the personal representative may need to notify heirs and beneficiaries that the estate has been opened.
This notice helps interested parties understand that probate has begun and that they may have rights to information or distributions.
  • Depending on the location, this may involve:
  • Sending formal notices
  • Filing an affidavit of notice
  • Identifying heirs at law
  • Notifying beneficiaries named in the will
  • Documenting efforts to locate missing people
Good communication at this stage can help prevent confusion and conflict later.

Identify, Inventory, and Manage Estate Assets

After qualification, the personal representative may need to identify, collect, secure, and manage the property that belongs to the estate. This is often called marshalling the assets.
One of the first major filings may be an inventory of estate assets. The inventory helps create a starting point for estate administration by showing what assets existed at the date of death. It also helps the court, Commissioner of Accounts, beneficiaries, and personal representative understand what needs to be managed.
  • The inventory may include:
  • Bank and brokerage accounts
  • Vehicles and tangible personal property
  • Business interests
  • Real estate
  • Assets in other jurisdictions
  • Managing estate assets may also involve:
  • Reviewing financial records and tax returns
  • Opening an estate bank account
  • Contacting banks and brokerage firms
  • Securing real estate
  • Checking insurance coverage
  • Handling vehicles or personal property
  • Looking for unclaimed property
This is one of the most important parts of the probate process because later filings, accountings, tax work, and distributions all depend on accurate records.

Distributing Assets and Closing the Estate

The final stage of probate involves distributing the remaining assets and closing the estate.
  • Before final distributions are made, the personal representative may need to:
  • Make sure debts and expenses are handled
  • Confirm taxes are addressed
  • Resolve creditor claims
  • Prepare a final accounting
  • Obtain beneficiary receipts
  • Request court or Commissioner of Accounts approval
  • Hold back money for final expenses
  • Complete required filings
Closing an estate properly helps protect the personal representative and gives beneficiaries a clearer ending to the process.
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