Probate and Administration of Estates

Probate is the court supervised process by which a person's estate is distributed according to the last will and testament.

Administration is the court supervised process for distribution of a person's estate where the person dies without a last will and testament.

A petition has to be filed with the District Court asking that the person's will be admitted to probate.  A hearing before the court is scheduled.  All heirs and persons who receive property under the will are notified of the hearing.  At this hearing the will is proved and a personal representative is appointed to be in charge of the estate. 

After the will is admitted to probate, creditors are notified, property sold (if necessary) and an inventory of the estate property is filed.  Estate tax returns are prepared and filed. 

When all property has been accounted for, all estate taxes paid, and all creditors notified and paid, the estate is ready for distribution. 

Another hearing is scheduled and the estate is distributed.

If the person passes away without a will, the process is the same, only the property will be distributed according to law instead of by a person's will.