The probate process begins when a family member (or other interested party) of the decedent petitions a probate court in the decedent’s state of residence to appoint someone to handle the work of supervising the delegation of the estate’s assets. This is necessary only if the estate is subject to probate. Several types of property pass directly to a survivor or beneficiary without the necessity or cost of probate, including assets that the decedent owned jointly and proceeds from life insurance policies.

If the estate is subject to probate, the court first determines if the decedent left a will. If this will names an executor, then the court appoints this person to handle the responsibilities of probate. If no executor is named, or if there is no will, the court chooses an administrator. This is usually a surviving spouse or close relative, although guidelines for selecting an administrator vary from state to state. Statutes governing probate are available by state at www.findlaw.com.

If the decedent owned property in other states, separate probate proceedings may be necessary in each of these states. Each probate procedure includes the appointment of a representative who will be responsible for handling the probate work in that state.

Once the court has appointed a representative to handle the probate process, it provides that individual with official documents verifying his or her authority to act on behalf of the estate. These documents enable the representative to collect assets belonging to the estate and to pay creditors. In most states, the court supervises the entire probate process.