Example – Let’s assume the Decedent does not have a Will
(PLEASE NOTE – this is a very simplified description of the probate process)

1. If the Decedent died without a Will, we will ask you for the family and marital history of the Decedent.
   
   
2. We will file an application to determine heirship in order to establish the beneficiaries of the estate.
   
   
3. We will also file an application for Letters of Administration to appoint the Administrator who will handle the affairs of the estate (similar to an Executor).
   
   
4. We will need to find two (2) witnesses who are willing to sign an affidavit concerning the Decedent’s family and marital history.
   
   
5. An Attorney Ad Litem will be appointed by the Court. The job of the Attorney Ad Litem is to verify the family history and research any unknown heirs of the Decedent.
   
   
6. A hearing will be held with the following people in attendance:
   1. The person who is applying to be Administrator of the Estate (“Applicant”),
   2. The two (2) witnesses, and
   3. The Attorney Ad Litem.
   The Applicant and the two (2) witnesses will give their testimony regarding the family history of the Decedent.
   
   
7. After listening to the testimony, the Judge will sign an Order determining the heirs of the Estate and appointing the Administrator of the Estate.
   
   
8. The Administrator will most likely be required to post a bond, unless it is waived, and sign an Oath stating he or she will perform the duties of the Administrator.
   
   
9. The Administrator can then obtain Letters of Administration, which are extremely important. The Letters of Administration allow the Administrator to stand in the shoes of the decedent. The Administrator can then gather the probate assets of the estate and notify creditors of the estate.
   
   
10. Probate Assets consist of items that have title (for example, real property, cars, and stocks) as well as bank accounts that do not have a named beneficiary or name the estate as the beneficiary.
    
    
11. Non-Probate Assets include accounts that already have a named beneficiary such as life insurance policies, IRA’s, and joint bank accounts.
    
    
12. Once the Administrator gathers all of the probate assets, the Administrator must file an Inventory with the court describing the probate assets in the estate.
    
    
13. After the Inventory has been approved by the court, the Administrator can pay the debts of the estate and then distribute the remaining assets according to the terms of the Decedent’s Will.