How Is an Estate Administered in Court?

When someone passes away, their estate usually goes through a legal process called probate. Probate is the court-supervised method for proving the validity of a will, paying debts, and distributing assets to heirs.

Although probate laws vary by state, the general process is similar nationwide. Whether the person left a will or died intestate (without a will), a probate judge oversees the process. Depending on the complexity and value of the estate, probate can take just a few months — or more than a year.

What Happens If There Is a Will?

If the decedent left a will and no one contests it, probate is usually straightforward. Here are the general steps:

1. Opening the Probate Case

The named executor files the will with the probate court. The judge verifies that the will is legally valid and that there are no objections. If no one contests the will, the court officially appoints the executor to manage the estate and allows them to open a bank account in the estate’s name.

2. Notifying Interested Parties

The executor must notify heirs and creditors of the death:

• Heirs and beneficiaries receive notice directly (if they can be located).
• Creditors are notified by newspaper publication and given a specific time (usually six to nine months) to file claims against the estate.

3. Taking an Inventory of Assets

The executor prepares a detailed inventory of everything the decedent owned, including real estate, personal property, financial accounts, and investments.

• The inventory is filed with the court and shared with heirs.
• Some assets may need to be sold (e.g., the family home or stocks) in order to distribute their value fairly.
• Executors are typically entitled to reasonable compensation for their work, which may be specified in the will.

If the estate is large or complex, the executor often hires a probate attorney to assist with this process.

4. Paying Debts and Distributing Assets

Once the inventory is complete:

• The executor pays final expenses, outstanding debts, and any costs related to managing the estate.
• Taxes (federal and state) are filed on behalf of the decedent.
• Remaining assets are distributed according to the will. Accounts with named beneficiaries, such as life insurance or retirement accounts, are paid directly to those beneficiaries and usually bypass probate.

5. Closing the Estate

When all debts are settled and assets distributed, the executor petitions the probate court to close the estate. Once the judge approves, the estate is formally closed — but the file remains part of the public record.

What Happens If There Is No Will?

If the decedent dies intestate, the process is similar but more complex.

• The judge appoints an administrator (sometimes a family member) to act as executor.
• The administrator must follow the state’s intestate succession laws, which determine who inherits (spouse, children, parents, siblings, etc.).
• The rest of the steps — notifying heirs, taking an inventory, paying debts, and distributing assets — follow the same pattern as with a will, but with more court oversight.

What If the Will Is Contested?

If one or more heirs contest the will, the probate process becomes much more involved:

• The judge may order discovery, schedule multiple hearings, and review evidence of claims such as undue influence or lack of capacity.
• Contested cases often require legal representation for all parties and may take years to resolve.
• Attorney’s fees and court costs can be significant, reducing the value of the estate.

Once the dispute is resolved, the estate administration follows the same steps as in a standard probate case.

Key Takeaways

Probate ensures that:

• A decedent’s will is valid (or intestate laws are followed)
• Creditors are paid
• Assets are properly distributed to heirs

While the process can be lengthy, it provides a clear, court-supervised way to settle an estate fairly.

Need Help Navigating Probate?

If you are facing the probate process — whether as an executor, administrator, or heir — we can help you understand your rights and responsibilities and guide you every step of the way.

Call us at (207) 848-5600 or visit our Contact Page to schedule a consultation.