Generally speaking, the property of a person who dies has to have that property in his or her name go through probate before it can be distributed to the intended heirs. Probate can operate in one of two ways: formally, or in other words with court supervision, or informally, without court supervision. In either case, the first question the probate court must answer is whether the decedent (person who died) left a will that is valid when compared to the standards required by law. If the decedent’s will is valid, the probate court oversees the process of “settling the estate” according to the terms of the will.

“Settling the estate” refers to actually distributing the assets of the estate in order to satisfy any creditors and to disburse the remaining estate assets to those who the decedent intended to receive or inherit the property. If the decedent did not leave a will or if the probate court determines the will is invalid, the probate court applies the state inheritance laws to the estate.

Formal supervision typically includes:

• Managing the distribution of estate assets, including payment of state and federal taxes;
• Hearing any contested claims by creditors or others seeking to collect from the estate;
• Choosing a personal representative when one is not named in the will;
• Deciding which possessions are subject to estate administration;
• Determining a decedent's true heirs in accordance with state law;
• Ruling on the legitimacy of any claims outstanding against the estate;
• Supervising the transfer of assets to beneficiaries named in the will.

Informal probate is for smaller estates in which court supervision is not required because the estate has no uncertainties, legal disputes, or complex administrative requirements. If a public administrator is appointed as personal representative, the public administrator can summarily dispose of a small estate in accordance with state statutes.

Do what you can now to make sure that you can avoid probate and get your assets in the hands of your desired heirs. Cheryl Mansell understands all of the technicalities listed above, and many more. Please contact her today to make sure your affairs are in order.