What Happens When a Will Is in Probate?

By Lynn Dosch

Probate is a court proceeding that confirms the validity of a will and settles the estate of the person who died (the "decedent") in accordance with the terms of the will.

Filing the Probate

The person named executor by the decedent in his will, files the probate action with the court and requests authority to act on behalf of the decedent's estate. If the decedent didn't name an executor, the court will appoint one.

Assets

Once the probate is filed, the executor will collect all the assets of the estate and provide the court with an inventory, listing each item and its estimated value.

Debts and Claims

The executor will determine what debts are owed out of the estate proceeds, and pay them. He/she will also satisfy any claims against the estate and any taxes the decedent may have owed.

Fees

The executor, his attorney, if he has one, and any court costs related to the probate are also paid out of the proceeds of the estate.

Distribution

Once the assets are determined and debts and claims have been settled, the executor will make distribution of the remaining assets of the estate as the will specifies. When this is complete, the executor will ask the court to close the probate.

About the Author

A writer since 2005, Lynn Dosch writes for LIVESTRONG.COM and eHow. She also has worked in clinical trials research and as a legal assistant in medical malpractice, criminal law, insurance defense and wrongful death litigation. Dosch holds an Master of Fine Arts in writing from the University of Nebraska, and teaches composition, creative writing and literature.