In addition to developing a body of law for transferring probate and non-probate property, states have also set up a body of procedural rules for administering estates (by way of example, here is an overview of the probate process in San Francisco, California). These rules establish a procedure that is to be followed when a person dies.

The first step when a person dies is the appointment of a personal representative. If the decedent left a valid will, the personal representative may be appointed by lodging the will with the probate court.

If there is no will, then the personal representative is appointed by the probate court. The appointed person is often referred to as an administrator (the terms are used synonymously throughout this article).

The probate court selects the administrator from a list of persons. This list comes from a state statute that identifies those parties who are to be given preference in becoming the administrator. This preference usually follows this order: the surviving spouse, the children, the parents, the siblings, and then the decedent’s creditors.

Once appointed, the personal representative has to perform the following duties:

1. Inventory and collect the assets of the decedent,
2. Manage the assets during administration,
3. Receive and pay the claims of creditors and tax collectors, and
4. Distribute the remaining assets to those entitled.

The personal representative carries out these duties acting under the authority of letters testamentary or letters of administration issued by the probate court.

Once the personal representative carries out these duties, the estate can be closed. Closing the estate and obtaining a closing order from the probate court discharges the personal representative from his fiduciary duties.

These steps make up the probate process. The probate process can be a bit more complicated if the decedent dies without a will.