Probate FAQ

Questions:

• What is probate?
• How does the probate process work?
• Does all property have to go through probate when a person dies?
• Who is responsible for handling probate?
• Should I plan to avoid probate?

Answer:

Who is responsible for handling probate?

In most circumstances, the executor named in the will takes this job. If there isn't any will, or the will fails to name an executor, the probate court names someone (called an administrator) to handle the process. Most often, the job goes to the closest capable relative or the person who inherits the bulk of the deceased person's assets.

If no formal probate proceeding is necessary, the court does not appoint an estate administrator. Instead, a close relative or friend serves as an informal estate representative. Normally, families and friends choose this person, and it is not uncommon for several people to share the responsibilities of paying debts, filing a final income tax return and distributing property to the people who are supposed to get it.

For details on the probate process in your state, see Nolo's articles Probate Shortcuts in Your State and Avoiding Probate in Your State.