The call came late at night. Sarah had just settled into bed when her phone buzzed. On the other end, her mother’s voice was shaky. “Your father is gone,” she said.
Sarah felt her heart stop. Her father, Robert, had always been the strong, steady presence in her life. Losing him so suddenly was devastating. But as the days passed and the initial shock wore off, another reality set in—someone had to handle his affairs. His home, his bank accounts, his belongings… what happened to all of it now?
Sarah knew Robert had a will, but she had no idea what to do next. Would she have to go to court? How long would this take? Would she have to pay off his debts? What about his house—could her mother keep it?
If you’ve ever lost a loved one, you may have found yourself in the same position, overwhelmed with questions and unsure of where to start. Probate administration is the legal process of settling a deceased person’s estate, and it can be confusing, time-consuming, and stressful. But understanding how it works can help you prepare and make the process smoother for your family.
What is Probate and When is it Required?
Sarah’s first question was one many people have: Does everything have to go through probate? The answer depends on how the deceased’s assets were structured.
Some assets bypass probate entirely. Jointly owned property (such as a home co-owned with a spouse) typically transfers automatically to the surviving owner. Beneficiary-designated accounts, like life insurance policies or retirement funds, go directly to the named beneficiary without court involvement. And if a loved one set up a revocable living trust, those assets are managed outside of probate altogether.
But for assets that were solely in Robert’s name—his checking account, his car, and the house he had bought years ago before marrying Sarah’s mother—probate was unavoidable. Those assets had to go through the court process to be legally transferred to his heirs.
Step 1: Locating the Will and Filing for Probate
Sarah’s next step was finding her father’s will. It was in a locked drawer in his office, and thankfully, he had told her where to find the key. She took it to the local probate court, where she learned that the will had to be officially filed before anything else could happen.
But not everyone is this lucky. Many families spend weeks—sometimes months—searching for estate documents, safety deposit box keys, or even trying to guess whether a will exists at all. This delay can lead to unnecessary complications, legal battles, and stress.
That’s why it’s crucial to store your will in a safe, accessible place and, just as importantly, tell your family where to find it.
Step 2: Appointing an Executor or Administrator
In Robert’s will, he had named Sarah as his executor—the person responsible for carrying out his wishes. But before she could take any action, she had to be officially appointed by the court.
For families with a valid will, the court typically honors the person chosen as executor. But if no will exists, the court appoints an administrator, usually a close relative. The difference? An executor follows the deceased’s wishes, while an administrator follows state intestacy laws, which may not align with what the deceased wanted.
Sarah was granted legal authority to handle her father’s estate, but she quickly learned that being an executor came with serious responsibilities.
Step 3: Managing the Estate and Paying Debts
The first thing Sarah had to do as executor was figure out what her father owned and owed.
She started by gathering financial statements, property deeds, and unpaid bills. Then, she had to notify his creditors—credit card companies, medical providers, and even the utility company. Probate law requires that all outstanding debts be settled before any beneficiaries receive an inheritance.
Unfortunately, many people don’t realize that debt doesn’t just disappear when someone dies. Instead, it must be paid out of the estate. If there isn’t enough money to cover everything, creditors may have a claim on certain assets.
Sarah spent months going through statements, making calls, and working with an attorney to ensure that everything was handled correctly. It was exhausting, but skipping any steps could have resulted in legal disputes or even personal liability.
Step 4: Distributing Assets to Beneficiaries
Once the debts were paid, Sarah was finally able to distribute her father’s remaining assets according to his will. But even this wasn’t as simple as she expected.
Her father had left his home to Sarah’s mother, but since the home had to go through probate first, the process took nearly a year. In the meantime, Sarah’s mother had to keep up with property taxes, maintenance, and legal fees.
This is when Sarah had a realization: her father could have avoided probate altogether by placing the home in a trust. If he had done that, ownership would have transferred immediately upon his passing, sparing the family months of waiting and unnecessary expenses.
What Can You Do to Make Probate Easier for Your Loved Ones?
By the time the probate process was finished, Sarah had learned a valuable lesson: handling an estate after a loved one’s passing is complicated—but it doesn’t have to be.
Had her father taken a few extra steps in his estate planning, Sarah and her mother could have avoided months of court proceedings, legal fees, and stress.
So, what can you do now to spare your family the same difficulties?
- Create a comprehensive estate plan. A will is a good start, but adding a living trust can help your family avoid probate and gain immediate access to assets.
- Keep your documents organized. Make sure your loved ones know where to find your will, trust, insurance policies, and other important records.
- Name beneficiaries on financial accounts. Bank accounts, retirement funds, and life insurance policies should all have clear beneficiary designations to avoid probate delays.
- Consult an estate planning attorney. Laws vary by state, and the best way to ensure your family is protected is by working with an experienced attorney.
Ready to Take Action?
Sarah wishes her father had set things up differently, but you have the opportunity to plan ahead and protect your loved ones.
Don’t leave your estate’s future to chance. Let’s create a plan that keeps your family out of court and away from unnecessary stress.
📢 Request a consultation today to start the process and gain peace of mind!
