Parties Involved in Probate

The persons and parties involved in the probate process will vary depending on the specific circumstances of the situation. However, there are general guidelines that can help you determine what to expect in terms of party involvement during the process. The executor, as named in the will, is usually the person put in charge of handling any issues that arise during probate, and if no executor was named then the courts assume the responsibility of naming someone; this person is then referred to as an administrator. The position of executor or administrator is most often given to the relative who is closest and most capable of the job.

In some cases, a formal proceeding is unnecessary. In these instances a close friend or relative will be selected to serve as an informal representative. Actually, this position can be split among several friends and family members should those parties choose to do so.

Matters of probate typically involve paying off outstanding debts, filing a final income tax return and distributing property and items to any individuals who were appointed to receive them. With so many responsibilities that must be taken care of, there will naturally be a number of parties involved in the process. The most important of these parties will be the probate lawyer with whom you select to work. The right attorney can help ensure that the dying wishes of your loved one are acknowledged by the courts and any other officiating parties involved. Browsing the information center to find the professional that will best work for you will prove to be most beneficial during the probate process.