The Probate Process

Probate is the court-supervised process of gathering a deceased person’s assets and distributing them to creditors and inheritors. As an executor, your probate process will depend on whether your state has adopted the Uniform Probate Code (UPC), which is a set of probate laws written by a group of national experts. The UPC’s goal is to make the probate process simpler, especially for small estates, and to give executors more flexibility in how they proceed. For more information on your role as executor, see our Executor FAQ.
You begin the probate process by asking the court to officially make you executor. (To learn more about whether to serve as executor, see Should You Accept the Job of Executor to Settle an Estate?) If you end up acting as executor, you’ll need to:
File a request (called a petition or application) for probate in the county in which the deceased person was living at the time of death. You will also need to file the death certificate and the original will (if there is one) with the court.
Publish a notice of the probate in local newspaper according to court rules. Mail notices to creditors you know about.
Mail the notice to beneficiaries and heirs, as required by the court.
 File proof that you properly published and mailed the notice.
Post a bond (if required by the court), which protects the estate from any losses you cause (up to a certain dollar amount). The amount of the bond depends on the size of the estate.
Prove the will’s validity by providing statements from one or more witnesses to the will. This is often done by submitting the “self-proving affidavit” that was signed by the witness in front of a notary at the time the will was signed.
File other documents required by the court.

Administering the Estate

As executor, you’re in charge of keeping estate property safe during the probate process. You will prepare a list of the deceased person’s assets and, if necessary, get assets appraised. You’ll need to:

Get an employer identification number for the estate from the IRS.
Notify the state health or welfare department of the death, if required by state law.
Open an estate bank account.
Arrange for preparation of income tax returns.
Prepare and file an inventory and appraisal of estate assets.
Mail a notice to creditors and pay debts (state law may impose a deadline on you).
If the court requires it, file a list of creditors’ claims you have approved and denied.
If required, file a federal estate tax return within nine months after death. (Most estates are not large enough to owe federal estate tax).
 If required, file a state estate tax return, usually within nine months after death. (Fewer than half the states impose their own tax.)

Closing the Estate

When the creditor’s claim period has passed, you’ve paid debts and filed all necessary tax returns, and any disputes have been settled, you’re ready to distribute all remaining property to the beneficiaries. You’ll need to:

Mail a notice to heirs and beneficiaries that the final hearing is coming up. (This must be done a certain period of time before the hearing; the court will have a rule.)
File proof that you mailed the notice as required.
Get the court’s permission to distribute property.
 Transfer assets to the new owners and get receipts.
 After you distribute assets and all matters are concluded, file receipts and ask the court to release you from your duties.

http://www.nolo.com/legal-encyclopedia/how-probate-process-works-information-32438.html