Here’s the big picture: probate, which is sometimes referred to as probate court, probate proceedings or probate law, is the legal process through which a deceased person’s affairs are formally settled. First, an attorney must be retained to open up an estate with the court. A person is then appointed to administer the estate, who is often called a Personal Representative or Executor. It is an extensive process.

The Personal Representative works with the attorney and is responsible for overseeing the entire process, beginning with locating a validly executed will. The Personal Representative must then identify and gather all the deceased person’s assets, file an inventory with the court and notify the deceased’s creditors of the pending estate.

Next, assets are then pooled together and used to satisfy creditors’ claims. Finally, the balance of assets are ultimately distributed to the proper beneficiaries. It is important to keep in mind that your state designates your beneficiaries if you fail to decide. That’s what happens in most states, including New York and Florida.