If someone you love did not set up a proper estate plan, you may find yourself needing to go through the probate process after they pass away. Probate is something that many people do not look forward to dealing with, but it can actually go smoothly without any problems. Know the steps that you'll need to follow to go through probate successfully.

File Their Will With Probate Court

It's important that you meet with a probate lawyer soon after your loved one passes away. This will help get the process started as soon as possible. It begins by filing the necessary paperwork with your local county's probate clerk. Only then does the will become public record, and all parties that are interested are contacted. For instance, beneficiaries of a will can be notified through the mail. There is a limited time that others are allowed to contest your loved one's will, which is typically while probate is still occurring.

In addition, your probate lawyer will reach out to potential creditors so that they can make claims with the estate.

Name The Executor

An executor must be named to oversee your loved one's estate throughout the entire probate process. One of their responsibilities includes making the inventory of all the estate's assets. This includes vehicles, real estate, jewelry, investments, bank accounts, and other valuable items of that nature. An appraisal may be necessary to put a value on items that are unknown. All the property must be secured during probate by the executor.

All debts need to be accounted for, including taxes that are owed. The executor has the ability to sell some of the assets to help pay off those debts, especially if there is not enough cash to do so. Funeral and burial expenses will need to be paid from the estate too.

Distribute Assets

Once a waiting period has passed where creditors can make claims, the remaining assets will be distributed between the beneficiaries. In addition to distributing assets, some work may be needed to help take possession of assets that are in the deceased's name. This includes property and vehicles. A probate lawyer can help guide you with how to change ownership of these types of items to ensure it goes smoothly. For personal property, it is simply distributed to those that are designated to inherit it.

If you have questions about any part of the probate process, be sure to ask for help from a probate lawyer in your area.  

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