Estate Administration and Probate
Losing a loved one is never easy, and dealing with the legal and financial matters that follow can feel overwhelming. Estate Administration is the process of settling a person's affairs after they pass away - making sure their wishes are carried out, debts are paid, and property is passed on to the right people. At Cardinal Estate Planning, we guide families through every step, ensuring the process is handled with care, accuracy, and respect.
What is Estate Administration?
Estate administration is the process of managing and settling a deceased person's financial and legal affairs, ensuring that assets are collected, debts are paid, and property is distributed to the rightful beneficiaries. Probate is a formal legal process, often part of estate administration, in which a court validates the deceased's will, if one exists, and overseas the administration of the estate according to the law. Together, these processes help ensure that a person's final wishes are honored, legal requirements are met, and the transfer of assets is handled in an orderly, transparent, and fair manner.
What is an estate?
An estate refers to the total sum of a person's assets, property, and possessions, as well as any debts or liabilities, at the time of their death. This can include real estate, bank accounts, investments, personal belongings, business interests, and other valuable items. In estate planning and administration, the term "estate" encompasses everything a person owns or owes, and it forms the basis for determining how those assets will be managed, distributed, or transferred to heirs and beneficiaries according to a will, trust, or applicable state laws.
What is an intestate estate?
When someone dies "intestate," their estate is distributed according to the inheritance laws of the state where they lived, rather than according to their personal wishes. These laws, known as intestacy statutes, establish a legal order of heirs - typically starting with a surviving spouse and children, then extending to other relatives such as parents, siblings, and more distant family members. Because intestacy can lead to outcomes the deceased may not have intended, it highlights the importance of creating a will or other estate planning documents.
Steps in the Estate Administration Process
Step 1: Find the Will (if there is one)
The first step is to locate the will. If there is no will, state law decides who will inherit.
Step 2: Get Legal Authority to act
A court will appoint someone - called an executor (if named in the will) or an administrator (if there is no will) - to handle the estate. This person receives official documents from the court giving them the power to act on behalf of the estate.
Step 3: Let People Know
The executor or administrator must notify family members, peopled named in the will, and creditors. In many cases, a notice must also be placed in a newspaper so anyone owed money by the estate can make a claim.
Step 4: Gather and List the Property
Everything the person owned - homes, bank accounts, investments, personal items - needs to be collected, safeguarded, and listed for the court.
Step 5: Pay Bills and Taxes
Any debts, final expenses, and taxes are paid from the estate beore anything is distributed to heirs or beneficiaries.
Step 6: Distribute What is Left
After all bills are settled, the remaining property is given to the people or organizations entitled to receive it - either as directed by the will, or if there is no will, as required by state law.
Step 7: Close the Estate
Once everything has been handled, the court closes the estate, and the executor or administrator's job is complete.
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You don't have to navigate this alone.
The estate administration process can be complex, especially during a time of grief. Our firm is here to handle the details so you can focus on your family and healing. From start to finish, we'll make sure every requirement is met and every step is completed with professionalism, compassion, and respect for your loved one's legacy.
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