2. What are the General Functions of Probate?
The general functions of probate are:
To appoint a representative for the estate. Either an executor (if such person is named as such in the will) or an administrator (if the decedent died without a will) and once appointed, collect all of the assets that were owned by the decedent.
To arrange for the payment of all of the decedent's proper debts and taxes to be paid from the assets of the estate. The probate court requires persons or entities who claim that the decedent owed them money (creditors) to present their claims to the representative of the estate or the court within a certain period of time. If these creditors fail to present their claims within a certain period of time, they may never collect those amounts.
Finally, to distribute the estate to the persons, trusts or charities who are entitled to receive the assets of the estate.
