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Frequently Asked Questions Re: Probate and MetLife Estate Resolution Services
Q: What is probate?
A: Probate is the legal process of settling the estate of a deceased person, specifically resolving all claims and distributing the
decedent's property. If there is a Will, it is “probated” to prove that it’s valid and authentic. If there is no Will, an alternate
process is used for administering and settling the estate.
Q: What is probate court?
A: Probate court is a court in most jurisdictions that is responsible for the legal process associated with settling estates.
Q: What is the difference between an Executor and an Administrator?
A: Both handle the property distribution of someone who has died, but the difference is in how they acquire that duty:
Executor – is appointed by the deceased via his/her Will
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Administrator – is appointed by a probate court, either because the deceased did not have a Will (intestate) or because the
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will failed to name someone to carry out this task.
Q: What are the duties of an Executor or Administrator?
A: The main duties of an Executor/Administrator are to:
Handle any probate court proceedings
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Handle notifications (e.g. Social Security, Civil Service, Veterans Administration, etc.) and various paperwork (e.g.
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discontinuing utilities and credit cards)
Collect and inventory the decedent’s assets
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Receive any payments due the estate, including interest, dividends and other income (e.g. unpaid salary, vacation pay and
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other company benefits)
Give legal notice to potential creditors, and investigate validity of any claims
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Pay funeral bills, outstanding debts and valid claims
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File and pay income and estate taxes
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Pay the expenses of administering the estate
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Distribute any remainder
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- An Executor distributes in accordance with the terms of the will
- An Administrator distributes in accordance with state laws
Q: Who can be an Executor/Administrator?
A: In most states, any person over the age of 18, who has not been convicted of a felony and is not otherwise incapacitated,
may be named the Executor of a will.
Q: What is intestate?
A: The term “intestate” refers to the lack of a valid will at time of death. In the absence of the distribution directives included in
a Will, the estate will be distributed according to the state "intestacy” laws.
Q: What is a non-probate property or asset?
A: Non-probate property would be any asset whose ownership is automatically transferred without being subject to the probate
process, such as one held in “joint tenancy with right of survivorship” or “payable on death” ownerships. Life insurance
proceeds are generally not subject to the probate process because a Beneficiary is designated to receive the benefits.
Q: What is a non-probate property or asset?
A: Non-probate property would be any asset whose ownership is automatically transferred without being subject to the probate
process, such as one held in “joint tenancy with right of survivorship” or “payable on death” ownerships. Life insurance
proceeds are generally not subject to the probate process because a Beneficiary is designated to receive the benefits.
Q: Are all individuals subject to probate?
A: Any individual who owns property that does not automatically pass to another person by operation of law or contract is
considered to have an estate subject to probate.
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