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If the decedent had a valid will, then the court usually appoints the person named as “executor” in the will. Once a person is appointed to handle an estate, they are often called the “personal representative” for the estate.

If the decedent did not have a valid will, the law deems them to have died “intestate”—meaning without a will—and the court typically appoints a spouse, adult child, relative, or, in some cases, a creditor as the “personal representative.”

1. Initial Petition

   Someone, usually the executor, files a petition in the proper court asking the judge to appoint a personal representative, and, if the deceased had a will, asking the judge to admit the will to probate.

2. Letters

   If the court grants the petition, the judge will order the court clerk to issue “Letters” to the newly appointed personal representative. The Letters are a piece of paper giving the personal representative authority to deal with the decedent’s property.

3. Sale of Assets

   As part of the personal representative’s duties to gather the decedent’s assets, it may be necessary to sell assets of the estate. Court oversight of the sale of assets varies by jurisdiction.

4. Payment of Debts

   The personal representative is obligated to pay the deceased person’s valid debts from assets of the estate. Court oversight of the debt payment process varies by jurisdiction.

5. Distribution

   Once the personal representative has paid all valid debts and expenses of administration, they can distribute the remaining assets to the proper beneficiaries. Court oversight of distribution varies by jurisdiction.

If the decedent had a valid last will and testament, then the will governs how the decedent’s assets will be distributed.

If the decedent did not have a valid will, then the rules of “intestate succession” determine who is entitled to receive the decedent’s assets. The rules vary state-by-state, but generally, spouses have first priority, then children, then other relatives. If no relatives can be found, then the State where the decedent died takes possession of the funds, but that is extremely rare due to modern genealogical technology tools.

No. The personal representative is required by law to distribute assets according to the will or the laws of intestate succession, whichever applies.

If you are the personal representative of an estate, the estate typically covers the cost of hiring an attorney and other advisors—provided there are sufficient funds.

We file uncontested probate applications within one week of receiving the necessary documents, ensuring a prompt start to the process.

If you believe an estate is being mismanaged, we can help investigate, take legal action if necessary, and protect your rightful inheritance.

We strive to resolve estate conflicts amicably to preserve family relationships. However, if a legal battle is necessary, we will develop a strong strategy and aggressively advocate for your interests.