Probate Basics for Families

Probate typically starts with a filing in the county court where the person lived at the time of death. If there is a will, the named executor asks the court to accept it. If there is no will, a family member can ask to be appointed administrator under state law. The court then issues official papers, often called letters testamentary or letters of administration, confirming that person's authority. Banks, insurers and lawyers usually ask for a copy of these papers before they will deal with the estate.

When someone dies from mesothelioma, claims for their illness and death are often brought on behalf of the estate and certain family members. Trust funds and courts generally require proof that the person filing has legal authority to act for the estate. Without letters from the probate court, a claim may stall. Some states offer simplified procedures for smaller estates, but claims can change what an estate is worth. A lawyer familiar with asbestos claims can coordinate with the probate process so deadlines are not missed.

Probate can take months or longer, depending on the state, the size of the estate and whether anyone disputes the will. Costs may include court filing fees, publication notices, appraisal fees and attorney fees. Some property, such as accounts with named beneficiaries or jointly owned assets, may pass outside probate. Keep careful records of estate expenses and income, since the representative must usually report them to the court and to beneficiaries. Ask the probate court clerk or an attorney about the rules in your county.

1. 1

   Locate the original will, if one exists, and note who is named as executor.

2. 2

   Contact the probate court in the county where your loved one lived to ask about filing steps.

3. 3

   Request several certified copies of letters of administration once the court issues them.

4. 4

   Tell any lawyer handling an asbestos claim who has been appointed to represent the estate.