7 Steps to Ease the Probate Process

7 Steps to Ease the Probate Process

By Melinda Gustafson Gervasi

July 7, 2023

Image by M. Gustafson Gervasi, 2023

Probate is a court process to handle a person's financial affairs at death.  In a nutshell, assets (those without beneficiaries) are gathered, final bills of the deceased are paid, and the remainder is distributed according to the will, or if no will, by state statute.  The following are 7 steps you can take to make this process as easy as possible on your loved ones:

1. Write a Will:  a will is a legal document that says who is in charge of handling your final affairs and distributing the assets you have at death.  If you have not written a will, your State Legislature has one for you in the statutes -- most likely giving assets to your relatives.
2. Gather titles and deeds to your property: easy access to the deed or title to your assets (home, car, boats, cabin, etc) allows the person in charge to quickly understand what assets are in your estate, and will facilitate the sale or transfer of those assets as the probate continues.
3. Nominate a Well-Suited Personal Representative (also called an Executor in other states): not everyone has the skill set needed to handle a probate. I say "aim for Switzerland"; who is neutral, precise and efficient. 
4. Purge clutter: Embrace the Swedish Death Cleaning movement and purge the clutter, both digital and tangible, from your life.  If you don't, someone else will be saddled with the chore.
5. Consolidate financial assets: have all of your retirement, investments, checking, savings, etc. under management of one or two providers.  While it may be tempting to have 12 different CDs at 12 different banks, the legwork to close all of those out at death often outweighs the interest paid.
6. Keep a list of creditors: who do you pay on a monthly, quarterly, or annual basis?  The probate process requires all of these entities to receive notice of your death.  Make it easy by keeping a list with contact information.
7. Compile a list of your professionals -- CPA, financial planner, attorney, pet sitter, lawn service.  Helping your Personal Representative reach out to your support network is key in the probate process.  Do not have them hunting around your desk or your phone looking for the name of your accountant.  Keep a list, make it simple.

A blog is not legal advice; it is meant to spark thought and reflection.  Please consult an attorney licensed in your state of residence for legal advice specific to your unique situation.  Thank you for reading, be well.