When a loved one passes away, navigating probate can feel overwhelming. Understanding who is responsible for handling probate matters is essential to ensuring a smooth process for managing the estate.
Named Executors in a Will
If the deceased had a will, the person named as the executor is responsible for handling probate matters. The executor oversees tasks such as gathering assets, paying debts, and distributing property according to the will.
If the named executor cannot or will not serve, the court will appoint an alternate representative, often prioritizing close family members.
Close Relatives Without a Will or Trust
When there is no will or trust, probate responsibilities often fall to a close relative, such as:
- A surviving spouse or domestic partner.
- An adult child of the deceased.
- A parent or sibling if no spouse or children are present.
Relatives must consult with one another to determine who will take the lead in representing the estate, especially if disagreements arise.
Court-Appointed Representatives
In situations where property must go through probate and there is no will or designated executor, a judge will appoint a personal representative. The law provides a priority list for this role:
- Spouse or domestic partner.
- Adult children or grandchildren.
- Parents.
- Siblings.
If no family members meet these qualifications, the court may appoint another suitable individual.
Designated Beneficiaries
Even if the deceased didn’t have a will, they may have named beneficiaries for certain assets, such as bank accounts, life insurance policies, or retirement accounts. Beneficiaries might need to take specific steps to claim these assets or make decisions related to the estate.
Ask an Estate Plan Attorney Today
Probate can be a complex process, but you don’t have to navigate it alone. Visit Hudack Law Estate Planning Attorney to learn more about how we can assist you in California, Utah, and Arizona. Call our toll-free at (877) 314-4309 to schedule a consultation. Let us help you handle probate matters with confidence and care.