Probate Petition and Appointment

• Before an executor can act, the probate court must grant him authority to do so. Probate begins when someone files a petition to open the estate. The court must appoint a personal representative to handle the decedent's affairs. Often, the decedent's will dictates who the personal representative is. The court may appoint an executor under certain situations, like if the will is silent, if there is no will, or if the named executor does not want to act in that capacity. The court must grant letters of testamentary to the executor. This enables the executor to act on behalf of the decedent, and grants the executor authority to perform certain actions, such as distributing assets.
  
  

Notifying Heirs and Creditors

• Early in the probate process, the executor must notify the decedent's heirs and creditors. This enables heirs and creditors to make valid claims. During this time, the executor can help distribute non-probate assets, such as joint bank accounts. Executors must notify the joint owner about the existence of the asset and can help re-title the asset into the new owner's name, as necessary. Before distributing probate assets, the executor should inventory the decedent's assets and pay valid debts and claims.
  
  

Distribution Methods

• If the decedent left a will, you must follow the will's instructions with regard to asset distribution. If the decedent died without a will, the state's inheritance statute --- called an intestate succession statute --- governs. The executor should then notify beneficiaries and explain how they can claim their inheritances. According to Richard Rowlands, a New York attorney, the executor should write a letter to the beneficiary describing what she is entitled to, attach a copy of the probate court's order and include a check (if the inheritance is cash) or the title to any property (such as the deed for real estate) and personally deliver the notice to the beneficiary, or send it via registered or certified mail.
  
  

Other Issues

• Probate laws vary by state with regard to the distribution of assets. In Minnesota, for example, probates must remain open for at least four months to allow time for claims against the estate; once the time period ends, the assets can be distributed. Acting as an executor is a large responsibility. Seek independent legal advice before proceeding.