Who is the Right Person to Handle Probate Matters?
October 9, 2024

When a loved one passes away, handling probate can feel overwhelming, especially when emotions run high. It’s essential to understand who is responsible for managing this process and how the right person is chosen to represent the estate.
Who Handles Probate?
In most cases, the person responsible for handling probate is someone named in the deceased’s will. This person, often called an executor, takes charge of the estate’s administration, ensuring that debts are paid, and assets are distributed according to the will. If the executor is unable or unwilling to serve, a close relative, such as a spouse or adult child, may take over.
However, if the person who passed away did not leave a will, the process becomes more complicated. In this case, a close relative, such as a surviving spouse, adult child, or parent, usually steps in to manage probate matters. It’s crucial for family members to communicate and collaborate to decide who should handle the estate and how decisions will be made.
If family members cannot agree, or if there is no one willing or able to take on the responsibility, the probate court steps in. A judge will appoint a personal representative of the estate based on a legal order of priority. Typically, this order begins with the surviving spouse or domestic partner, followed by a child, grandchild, parent, and then sibling. The judge’s decision will depend on who has the highest priority to act.
Responsibilities of the Personal Representative
Once appointed, the personal representative or executor will oversee the entire probate process. Their duties may include organizing assets, paying debts, and ensuring the proper distribution of the estate. Even if someone was not named in the will, they may still have a claim to certain assets if they are listed as a beneficiary on bank accounts, life insurance or retirement funds.
How to Figure Out the Probate Process
Determining the correct probate process begins with organizing all the information about what the deceased owned and owed. The estate’s size and complexity will determine what steps are necessary. Some estates may qualify for shorter court procedures, while others require more extensive probate processes.
The Lawvex Advantage: The “Probate Pathway”
At Lawvex, we are experienced California probate attorneys who specialize in probate law. In 2024 alone, we are handling a caseload of over 50 probate cases and growing. With such extensive experience, we’ve developed our own proprietary system called the “Probate Pathway.”
The Probate Pathway is Lawvex’s unique, streamlined roadmap designed to make probate as fast, efficient and straightforward as possible so that you can carry out your duties, honor your loved one’s wishes and ultimately, get your inheritance as quickly as possible.
Like a mountain climbing guide, we show you the way along the Probate Pathway. We also carry the gear, supplies and tools in our backpack so you don’t have to even think about what to pack or how to use the tools.
When we do need your help you’ll have clear, step-by-step guidance on what to do next. You’ll always know exactly what’s expected of you and when to act.
When there is a decision to make, we will show you the fork in the road and tell you what each path looks like up ahead so you can make an informed choice about which path is best for you.
Sometimes we need other kinds of guides to help us on the Pathway. We also bring trusted relationships with best-in-class probate vendors—from probate bonding services to estate banking, probate certified real estate professionals, probate loans, and heir search firms. These relationships ensure that we only work with experts and are not delayed on the Pathway because a guide doesn’t know the Pathway or took a wrong turn. This allows us to streamline the probate process, helping to move it along faster, and ultimately, getting your inheritance to you more quickly.
With the right guidance and a structured process like our Probate Pathway, handling probate doesn’t have to be overwhelming. Let Lawvex help you manage the complexities so you can focus on what matters most: your family and your future.