Ask anyone who’s had a loved one die and you’ll probably hear about probate. It’s notorious for being lengthy, detailed, and potentially expensive. No one loves having a family member’s estate go through probate, but it’s an important part of settling that estate. So, what does it involve and how can you best handle its intricacies? This short guide explains what you need to know about wills, estates, and the probate process.

What Is Probate Court?

Probate is a legal process with two key goals: confirming a will’s validity and administering an estate. Investopedia explains that probate courts mostly deal with wills and estates. In some states, they also handle conservatorships, guardianships, trusts, and mental health issues. Probate court's origins lie in medieval English ecclesiastical courts. The Encyclopedia Britannica mentions that they validated wills and oversaw personal property distribution.

How Does Probate Handle Wills?

When a person dies, finding a will is the first priority. That’s because the will gives specific instructions on how to distribute the deceased’s property. If you create a valid will, you must also name your estate’s executor. Nolo adds that your executor must prove your will’s authenticity to the court. Every state has its own guidelines, but most require that the testator is an adult of sound mind and not under undue influence. The will itself must be in writing. In most states, you must also sign it in front of two witnesses.

If a will fails one of these requirements, the probate court may declare it invalid. The court will then follow its state’s rules on intestacy. Dying intestate means that you did not leave a valid will. Most state’s probate courts award property to the surviving spouse first. If the couple had any children, they also receive part of the estate. Distant relatives only inherit if the deceased didn’t have a spouse, registered domestic partner, or children.

What Happens When Someone Contests a Will?

The Balance mentions that probate judges can hold court hearings to confirm a will’s authenticity. Typically, the court notifies parties listed in the will as well as those who would inherit if there wasn’t a valid will. During this hearing, any party can contest the will or the choice of executor. And it’s not always a drama-laden affair with disinherited family members. Maybe the deceased drafted a later will and no one knew it existed. Some people handwrite their wills with no witnesses – those are called “holographic” wills. In any case, the court calls witnesses and relies on existing documentation to determine if the will is authentic.

How Does Probate Deal With Debts and Assets?

As part of the probate process, an executor must locate all assets and debts. Next, creditors must be notified of the person’s death. In most states, this only involves publishing a notice in the local paper. From that point, creditors must present their claims within a specific time period. It’s different in each state. For instance, Ohio gives creditors six months to make their claims. California allows up to one year, and Texas permits up to two years for creditors’ claims.

The executor must pay validly claimed debts before distributing assets to the estate’s heirs. Executors must petition the court for permission and submit a full record of all transactions related to the estate. Meanwhile, the executor may also have special duties. For example, this person may name people to manage property for underaged heirs.

The Nuts and Bolts of Estate Laws

Death is perhaps the greatest mystery of all. To an outsider, the probate process can look just as baffling. Yet it’s a necessary part of settling an estate to avoid problems like fraud and exclusion of legitimate heirs. With a carefully created will or living trust, plus documenting your estate planning, you can make probate easier on your loved ones.