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Give your family peace of mind for generations to come.
  • Foundational Documents & Trusts
  • Long-Term Care Planning
  • Asset Protection
  • Estate Administration / Probate
  • Special Needs Planning

The Probate Process

No two estate plans are alike. Some individuals may only require a will-based plan, while others may benefit from establishing trusts. The best way to plan for your future, protect your interests, and provide for your loved ones is to consult a qualified elder law and estate planning attorney.

Partners, Dan Surprenant & Michelle Beneski, are Certified Elder Law Attorneys by the National Elder Law Foundation. This makes our team uniquely qualified to help you prepare for life’s unknowns and provide you with peace of mind.

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Probate is the court-supervised process of authenticating a last will and testament if the deceased made one. It includes locating and determining the value of the person’s assets, paying their final bills and taxes, and distributing the remainder of the estate to their rightful beneficiaries.

Appointing the Personal Representative (Executor)

The judge will appoint a personal representative, sometimes called an executor or administrator. This individual` will oversee the probate process and settle the estate.

“Intestate” Estates

An intestate estate is one where the decedent did not leave a valid will—either they never made one or the will is not accepted as valid by the probate court due to an error in the document or because an heir successfully contested it.

The most significant difference is that in the absence of a will that makes their wishes known, the decedent’s property will pass to the closest relatives in an order determined by state law.

Probate Step by Step
An icon of a certificate or official document with a seal, set against a solid orange circle.
Authenticating the last will & testament
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Appointing the executor or a personal representative
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Posting bond Bond acts as an insurance policy that will kick in to reimburse the estate in the event the executor commits some grievous error either intentionally or unintentionally.
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Identifying and notifying creditors
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Determining date of death values
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Locating the decedent’s assets
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Paying the decedent’s debts
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Preparing and filing tax returns
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Distributing the estate
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