ABA Family Legal Guide

Estate Planning

Probate

Who is involved in the probate process?

The main players are the probate court and your personal representative. The probate court's involvement varies depending on what kind of probate procedure exists in your jurisdiction. There are various degrees of court supervision required in different areas.

If you have a will, the personal representative is called your executor—the person you appointed in your will to administer your estate. The executor named in the will is in charge of this process, and probate provides an orderly method for administration of the estate. If you don't have a will, the court will appoint someone to handle these tasks.