The Probate and Estate Administration Process
- A probate proceeding (when there is a Will) or an administrative proceeding (when there is not a Will) is a court proceeding, which transfers assets belonging to an individual upon his/her death to his/her named beneficiaries or heirs at law.
- Named beneficiaries are those parties identified in a person's Will to receive the decedent's property.
- Heirs at law are those parties who inherit property in the absence of a Will according to the laws of the State where the person dies or owns property.
- Tasks involved in a probate or administrative proceeding include but are not limited to, determining the existence of a Will, determining personal representatives, evaluating the Estate, collecting assets, taking inventory and distributing assets, and filing proper tax forms.
