Upon the death of the testator—the person who made the will—probate will be opened if the testator died owning accounts or property in their sole name and without a beneficiary designation. Probate is the court-supervised process in which the testator’s will is validated and administered.

The probate process generally unfolds in the following manner: a petition to initiate probate along with the will and other documents are filed with the court, the court gives the personal representative permission to manage the testator’s assets, the testator’s outstanding debts and taxes are paid from the testator’s assets, the remaining assets are distributed to the beneficiaries, and the estate is closed and probate ends.

It may not be possible to avoid probate completely, however, probate duration and costs can be reduced through careful estate planning. Call to learn more.