What Happens After Probate Is Closed?
You’re in the midst of grieving a loved one’s passing, and per their will, you’re expected to carry out executor duties with the help of a probate lawyer. Settling their estate can take several months, but what happens after probate is closed? Discover what the process usually entails in this helpful guide.
Steps To Take Before Settling an Estate in Probate Court
The probate process tends to take a while because it involves so many different steps. Before you can even think about estate closure, it’s your job as an executor to do the following:
- Validate the decedent’s will
- Notify creditors
- Take inventory of the estate’s assets
- Pay the necessary estate and income taxes plus outstanding debts
- Communicate with beneficiaries
- Oversee estate distribution
The court must review and approve your final accounting documents before closing the estate.
What Comes After Probate?
So, what happens after probate is closed? Your role as an executor officially comes to an end, and asset transfers take place. In accordance with beneficiary rights, the designated heirs will now have full ownership and control over the select assets left to them.
Suppose the decedent owned their own home and vehicle, as well as a bank account and stock portfolio. Their will or local intestate laws will dictate who inherits these assets. Once the estate closes, financial accounts, property titles, and deeds will transfer into the beneficiary’s name.
If you’re serving as the executor and a beneficiary, it helps to have a qualified probate attorney guiding you. They have professional insight into estate tax laws that may impact you once you finish going through probate.
Why Some Estates Need To Go Through Probate Again
There generally isn’t anything else for an executor to do once the court settles the estate. However, there may be some special circumstances when you’ll need to petition the court to reopen probate. You may find yourself in this scenario due to the following:
- Unaccounted for legal or administrative errors
- New disputes from beneficiaries or creditors
- Newfound assets belong to the estate
- Another valid will becomes available
The court doesn’t always agree to reopen the estate and go through the process again. If you have a valid reason to petition the court, your documentation must include key details that would warrant reopening probate.
What if you’re a beneficiary and have evidence proving the executor mishandled your loved one’s assets before distribution? You may be able to file a complaint against them. Legal professionals can advise you about filing a complaint to the probate court or contesting the terms of the will.
We’re Here for All of Your Estate Planning Needs
Knowing how probate works and what happens after probate is closed can help prepare you for this daunting process. If you’re tasked with managing someone’s estate, turn to Radiant Probate & Estate Law, Inc. for assistance. We support clients going through probate and can also help with your own estate planning.
Contact our Palo Alto-based firm today at (650) 749-1226 to request a consultation.
