When a person dies, their last will and testament (assuming they prepared one in advance) is handled and their wishes for the distribution of their personal property implemented through a process called probate. Probate simply means the procedure by which their last written directives are legally certified as the final statement of their wishes regarding their worldly possessions (including any property or properties they may have owned). It also confirms the appointment of a person or entity the deceased person selected to administer their estate. The term probate is also frequently used to refer to the entire process of "probating" an estate.

The personal representative (also known as the executor or executrix) who is named in the will is legally in charge of this process and is responsible for handling the orderly method for administration of the estate as set forth by the probate laws and procedures of their state. The executor is typically held accountable for their actions and decisions by the heirs and other beneficiaries.

Probate law generally encourages or provides for partial distributions of funds during the period of administration and assets are often distributed "in kind" rather than sold during this period. In recent years, many states have simplified or streamlined their probate processes.

A probate court, which is sometimes referred to as a surrogate court, is a specialized court and legal process that deals with matters pertaining to the probate and the administration of the estate of deceased persons.

These specialized courts ascertain and oversee that proper administration and distribution of the assets of a decedent (one who has died), determine and certify the validity of wills, enforce the provisions of a valid will (by issuing the grant of probate), prevent improper action or malfeasance by executors and administrators of estates.

The probate court can be petitioned by parties that are interested in or who have claims against an estate, such as when a beneficiary feels that an estate is being mishandled.

The Personal Representative, also known as the Executor (if the personal representative is a male) or Executrix (if the personal representative is a female) is the person who is designated by the will of the person who has died to administer their estate.

It is the duty of the personal representative to ensure that the deceased person's wishes, as expressed in the will, are carried out. Some of the tasks that may be required to be performed by the personal representative include determining and protecting the specific assets of the estate; obtaining information in regard to all beneficiaries named in the will; collecting and arranging for payment of the debts of the estate.

Joint tenants (or tenancy) with the right of survivorship (JTWROS) is a type of ownership of real property or financial assets in which all joint owners have equal portions of ownership that are immediately re-allocated to remaining owners if one or more owners dies.

This term refers to a person who has died and left a "Last Will and Testament" that specifies their wishes pertaining to the distribution of the assets of their estate following their death. In this case, the estate will be distributed according to the provisions of the will.

This term refers to a person who has died and did not leave a "Last Will and Testament." In this case, the administration of the estate will be handled by the court of jurisdiction and according to the laws of the state.

A codicil is a document, attachment or rider that is added to an existing will that modifies or supersedes existing provisions or adds new provisions. This is done as an alternative to redrawing the entire will and is often done to change a beneficiary or assign disposition of a particular property or define the rights of a specific beneficiary.

While the process can vary from state to state, the list below represents a simplified step-by-step description:

1. An original (signed and executed) copy of the will is delivered to the local probate court.
2. A notice of the Petition for Probate is published in a local newspaper.
3. After the certification or appointment of the personal representative, they file their formal petition with the court to probate the estate.
4. Following that step and generally for a legally specified period of time (four months is typical), creditors are allowed to file their claims.
5. During this period, the personal representative will be working to identify, gather and secure the assets of the estate.
6. It's also the responsibility of the personal representative to maintain these assets safely and properly during their period of stewardship.
7. The personal representative may also liquidate some hard assets, such as cars, real estate, etc. This is often done to provide cash required to compensate creditors.
8. When the formal claims period has expired, the personal representative will usually file their final petition with the probate court to allow distribution of remaining assets.
9. Assuming the court approves this petition, the personal representative then distributes the assets as instructed.

The duration of the probate process is subject to lots of different variables, but a general rule of thumb is approximately six months. However, it can and frequently does take far longer. Some matters that can delay the completion include:

• Problems in locating the heirs and beneficiaries
• A contest of the will by the heirs or beneficiaries
• Claims or liens against the estate that remain unsettled
• Real estate or other property that cannot be sold for some reason
• Failure to properly notify one or more creditors during the claim period
• Dissatisfaction regarding the actions of the personal representative

There are many reasons for probate, but some of the most important are:

• Transferring the legal title/ownership of the decedent's property and assets to the heirs and/or beneficiaries. Generally, if there is no property to transfer, there is usually no need for probate.
• The collection of any taxes due to various taxing authorities that may be owed by the decedent or his/her estate at the time of death.
• Probate also provides a legally mandated deadline for creditors to file claims against the estate. This prevents old or unpaid creditors from future claims against the heirs or beneficiaries.
• If the deceased owned real estate in his or her own name, no one could properly accept title to that property nor would a bank give a mortgage unless the estate went through probate.
• Generally, no one would enter into any other transactions involving the deceased's property until the will has been filed for probate.
• Finally, it provides a legal method for the actual physical distribution of the remainder of the estate's property to the heirs and beneficiaries.

Usually, the laws of the state in which the deceased was last a permanent resident prevail regarding governance of probate issues – covering all of the deceased's personal property, wherever it was located, and all the deceased's real property located within the state.

If the decedent owned out-of-state real property, the laws of the other state can govern who inherits it if there is no will. If a will exists and it has been filed for probate in the state of most recent residence of the deceased, it usually must be submitted to probate in the other state(s) where the deceased owned real property. That additional probate filing is formally referred to as "ancillary probate".

If there is no Will, probate is usually required in each state where the real property is situated, in addition to the home state and each individual state can impose its own methodology that controls the distribution of assets. This is one of the reasons a will is so important to properly express the wishes of the deceased.

If there is a will, the Personal Representative (sometimes referred to as the "executor" or "executrix") is usually responsible. If there is no will, an "administrator" is appointed by the court as part of the probate proceeding.

In many states, the probate court has a considerable amount of control over the activities of the Personal Representative and requires that she or he obtain prior permission of the court before certain actions, such as the sale of real estate or business interests owned by the estate, may take place.

The main tasks of a Personal Representative are to:

1. Determine if there are any probate assets;
2. Identify, gather, and inventory the assets of the deceased;
3. Receive payments due the estate, including interest, dividends, and other income;
4. Set up a checking account for the estate;
5. Figure out who is going to get what and how much under the Will;
6. Value or appraise the estate's assets;
7. Give legal notice to potential creditors;
8. Investigate the validity of all claims against the estate;
9. Pay funeral bills, outstanding debts, and valid claims;
10. Pay the expenses of administrating the estate;
11. Handle various paperwork, such as discontinuing utilities and charge cards;
12. File and pay income and estate taxes;
13. Distribute the remaining property in accordance with the deceased's Will;
14. Close probate.

No. It is always your option to serve or decline. Even if you agree to serve you can resign later. If you do quit before the completion of probate, you may be required to provide an "accounting" for the period you served.

If you decline to serve (or accept and resign later) any alternate named in the will is typically appointed by the court. If no alternate representative is named in the will or if the named alternate dies or is unwilling to serve, the probate court will appoint someone to serve as the personal representative.

It is not a requirement, but usually they are compensated. Certainly, all personal expenses they incur in the management and process of settling the estate must be paid for.

Typically, a personal representative earns a fee of approximately 2% of the total value of the estate for their work. This can be mandated by the courts or by law in some states and varies from state to state.

All funds paid to the personal representative are subject to approval by the probate court. Additional fees may be allowed by the court in cases of unusual difficulty or extraordinary circumstances.

An executor or administrator who is derelict in his or her duty is personally liable for damages caused in the administration of the estate.

Liability may arise from improperly managing the assets of the estate, failing to collect claims and sums of money due to the estate, overpaying claimants, selling an asset without the authority to do so, or at an inappropriate price, neglecting to file tax returns on time, or distributing property to the wrong beneficiaries.

This means that the Personal Representative might wind up paying for the loss out of his or her own pocket.