Have you ever wondered how a person’s stuff gets passed on after they’ve passed away? It might sound complicated, but let’s break it down into simple terms to help you grasp the basics.

Probate: What Happens with a Will

Imagine someone wrote down their wishes for their belongings in a document called a will. When they pass away, their wishes need to be followed, and that’s where “probate” comes in. Here’s how it works:

1. Filing the Will: The will is taken to a special court in the county where the person lived when they passed away.
2. Checking the Will: The court makes sure the will is real and follows the rules. If it’s okay, they give someone (usually picked by the person who passed away) special permission to do what the will says.
3. The Job of the Special Person: This special person, called an executor, makes sure the bills are paid, and the things in the will go to the right people.

Administration: When There’s No Will

But what if someone didn’t write down their wishes in a will? Or what if the will is unclear, lost, or not legal? In these cases, we use a process called “administration.” Here’s the lowdown:

1. Picking a Leader: The court chooses someone to be in charge (usually a close family member or another trusted person) because there’s no will or the will can’t be used.
2. The New Leader’s Power: The court gives this new leader special permission (called “letters of administration”) to figure out who should get what from the things left behind.
3. Who Gets What: Each jurisdiction has their own laws which sets a plan for who gets the stuff when there’s no will. It often starts with the spouse, kids, and close family.

These processes might still seem a bit tricky, but they exist to make sure things are fair and follow the law. It’s a good idea to know about them, especially if you’re helping someone plan for what happens after they’re gone. 

Laws vary in each jurisdiction. Therefore, legal counsel is often sought in these situations, particularly when dealing with larger or more complicated estates. It’s important to note that both probate and administration involve court oversight to ensure assets are distributed in compliance with the law.

Author: Elise Mahover

DISCLAIMER: Please note, this post is not legal advice, nor does reading anything I write or communicating with me on or through website form an attorney/client relationship between us. Information provided for educational purposes only. Please consult a licensed attorney in your jurisdiction for legal advice.