Does the estate need to go through probate?

To inherit property from someone who has died, you first need to figure out what legal process is required to transfer the property. Sometimes you must go to court (probate), but in other cases you may not. One of the first steps is identifying the correct person to handle the estate.

Who handles probate matters?

Usually, the person named in the will—often called the executor—is responsible for handling probate. If the will names more than one person, they must make decisions together.

If there is no will or the named person cannot or does not want to serve, a close relative usually takes on the role. If the person was married, their spouse is often first in line. If not, an adult child may serve. Family members should talk together to decide who will handle the estate and how decisions will be made.

If probate is required, a judge will officially appoint a personal representative for the estate. The law gives priority, in this order:

1. Surviving spouse or domestic partner

2. Child

3. Grandchild

4. Parent

5. Sibling

The judge decides who has priority and should be appointed.

Even if someone is not named in the will, they may still be listed as a beneficiary on specific accounts, such as retirement or bank accounts. These beneficiaries may have steps to take to claim their property.

How does the person handling probate know what process to use?

The next sections explain the basics of choosing the correct process for transferring property. To decide, the personal representative must first gather information about what the person owned and what they owed. Then they can review the available options.

For legal advice specific to your situation, it’s a good idea to talk to a lawyer. Attorney fees are usually paid from estate funds.