Probate refers to the legal process responsible for distributing a deceased person’s estate to heirs and designated beneficiaries. During this procedure, outstanding debts are paid. Typically, property is distributed according to the deceased’s will. If no will exists, state law determines how the estate is divided.
THE PROBATE PROCESS
There are several basic steps involved in administering an estate:
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Someone is appointed to manage the estate. If a will exists, this person is usually named in the document and is known as the executor. If no executor is named, the court appoints an administrator.
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If there is a will, it must be validated by the court. The document must comply with state requirements regarding signatures, witnesses, and notarization. If the will is deemed invalid, state law governs asset distribution.
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The deceased person’s assets are identified and documented. Most assets cannot be sold or distributed until the court process is complete.
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The estate’s assets are appraised.
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Any remaining debts or taxes are paid using estate funds.
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The remaining property is distributed according to the will or applicable state law.
HOW LONG DOES PROBATE TAKE?
The length of estate administration can vary widely depending on the size of the estate, how quickly assets are inventoried, court scheduling, and whether the will is challenged or deemed invalid. On average, the process takes six to nine months. In more complicated situations—such as disputes or missing documents—it may take several years.
CONTACT OUR RHODE ISLAND PROBATE ATTORNEY – (401) 823-9200
Managing an estate can be complex and time-consuming, but an experienced attorney can help streamline the process. At Inman & Tourgee, our team brings more than 125 years of combined legal experience. Our Rhode Island attorneys provide personalized guidance and results-driven solutions. Call (401) 823-9200 today to schedule your free initial consultation.
