Estate & Trust Administration For Dummies, 2nd Edition

Chapter 6

Navigating the Probate Process

IN THIS CHAPTER

Submitting the will to the court

Deciding whether and what kind of probate is necessary

Having the executor or administrator appointed

Considering the surviving spouse’s necessary decisions

The decedent has been laid to rest and you’ve handled the immediate tasks after the death. (Refer to Chapter 5 for what you need to do right after the decedent has died.) Now that you’ve had a moment to breath, you need to take the next steps in wrapping up the decedent’s affairs. Now’s the time (probably within a week after the decedent’s funeral) to decide whether you need probate court administration of any of the decedent’s assets, and if so, how to keep probate as simple as possible. Probate is the process whereby the decedent’s will, if any, is proved valid or invalid and the assets in the decedent’s name alone, or payable to the estate, are administered in the probate estate with probate court supervision.

This chapter explains how to get the decedent’s will (if any) recognized by the probate court, and how to get yourself appointed ...