When a loved one passes away, their financial matters need to be properly managed and distributed. Estate administration and probate are two terms that often come up in this process. While they are closely related, they are not identical. According to our Scranton, PA estate administration lawyer, each plays a specific role in how an estate is settled, and it’s important to understand the distinction between the two.
What Happens During Estate Administration
Estate administration covers the entire process of managing and closing out a person’s financial affairs after death. This includes collecting assets, paying outstanding debts, filing tax returns, and distributing what’s left to beneficiaries. Whether or not a will exists, estate administration must take place to formally transfer ownership of property and assets.
If a will names an executor, that person oversees the administration process. If there’s no will, the court typically appoints an administrator. Either way, the duties are similar: identify what the deceased owned, determine what is owed, and distribute the remaining assets according to state law or the terms of the will.
How Probate Fits Into The Process
Probate is one part of estate administration, but not the entire process. It refers specifically to the court procedure that verifies a will’s validity and authorizes the executor to act on behalf of the estate. In other words, probate is the legal mechanism that gives the executor official authority to handle the deceased’s property.
If the deceased left a valid will, the probate court confirms it and grants “letters testamentary” to the executor. If there is no will, the court declares the person to have died “intestate” and appoints an administrator to carry out the necessary duties. Probate ensures that the estate is distributed in accordance with the law and that creditors have a fair chance to make claims.
Not every asset requires probate. Items like jointly owned property, life insurance with named beneficiaries, or accounts with transfer-on-death designations can often pass directly to the intended recipients. This is why some estates may have only limited probate involvement while others go through a more formal, court-supervised process.
Why Professional Guidance Matters
The laws governing estate administration and probate vary from state to state, and timelines can differ depending on the size and complexity of the estate. Working with our qualified attorney can help keep the process organized and compliant with local legal requirements. With over fifty years of experience, our firm can attest to the importance of clear planning and detailed record-keeping throughout every step of the process.
Reach Out Today
Losing a loved one is never easy, and handling their financial matters can feel overwhelming. By understanding how estate administration differs from probate, families can move forward with clarity and confidence. Each process serves an important purpose in honoring the deceased’s wishes and ensuring legal compliance.
If you or someone you know needs help managing a loved one’s estate, we encourage you to reach out to our trusted attorneys at Hoegen & Associates, P.C. for a free consultation. We can guide you through each step and help you settle matters with care and accuracy.