In other states, probate is required if there was a will, regardless of the size of the estate. In some states, probate is not required for certain small estates, even if the deceased person left a valid will. If your parents' will designates you as a beneficiary who will inherit from the estate, you are also entitled to an inventory and accounting showing additions to and distributions from your parent's estate during probate administration. You also have the right to notifications about upcoming court hearings. Even if you were not named in your parents' will(s), you have the right to read the will, any codicils (amendments) to it, and court filings. If your parent's will named your sibling as personal representative and your sibling is willing to serve, the judge will likely appoint them unless there is a compelling reason not to do so. Each state has enacted separate probate laws, so specific steps in the process may differ depending on where your parents lived or owned property at the time of their deaths.Īn important step in the probate process is appointing the personal representative. Probate is a court proceeding designed to "prove" the will and wind down a deceased person's estate. Along with the emotional difficulty of losing a loved one, there are often administrative tasks associated with settling the deceased person's estate that the executor, or personal representative, must handle. The passing of one or both of your parents can be extremely difficult. As a child of the deceased person, you have certain rights-regardless of whether your parents' wills named you, a sibling, or someone else as the personal representative.
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