Probate is the process of obtaining an order of the court distributing any assets of the decedent that are not distributed as nonprobate assets. The probate process involves several steps, all of which may be handled in whole or in part by a probate paralegal.

First, the probate process must be commenced. This usually involves identifying the beneficiaries under the will and providing them with notice. A personal representative must be appointed. Creditors of the decedent must be identified.

Second, the property of the decedent must be identified. This is called marshaling the estate. Property is located, assigned a value, and prepared for distribution. This is a sometimes easy process — your teal blue Nash Rambler to your favorite nephew — and sometimes difficult. The more orderly the decedent, the more orderly the marshaling of assets. Some decedents, however, fail to share the location of assets with loved ones. Considerable detective work is involved in locating a lost bank account or verifying the disposition of an antique table that some relative thinks is missing.

Third, the marshaling of assets must include an identification of liabilities as well. The estate must pay the expenses of the decedent's last illness and any unpaid taxes. Property that is subject to mortgages or liens must be identified and steps taken to preserve these assets.

Fourth, after the estate is marshaled, the property must be distributed. If the decedent left a will, it will probably describe who receives what. Problems can arise, however, when specific gifts refer to property that has not been located, property that is subject to a lien, or property that lacks sufficient value to satisfy a monetary bequest. If distribution is allowed, the paralegal will arrange for transfer of the asset and documentation of that transfer.

Fifth, the estate must respond to claims from creditors and other interested persons. Claims against the estate diminish the assets available for final distribution.

Finally, the estate must be closed. Closing an estate requires the permission of the court. Permission is granted based on a final accounting showing the proposed payment to creditors, the proposed distribution of any remaining assets, and the filing of tax returns.