First you’ll need to find out if your loved one left any directions as to how she wanted her estate settled. Some people neglect to do any estate planning at all and don’t leave a will. Others prefer to use living trusts rather than have their assets pass through probate. They might have transferred their assets to the trust while they were alive, but the trust would still include instructions as to what to do with everything after the owner dies. The most important step after the death of a loved one is to figure out what directives she left, if any.

If the deceased left a will, it will appoint an executor to oversee settlement of the estate. If she left a trust, it will name a trustee to distribute the assets according to her directions. Your next step is to find out if this person is still qualified to perform the job or even wants it. Some people write their wills many years in advance of death, and the named executor might no longer even be alive or might have suffered some mental or physical impairment that would result in disqualification. If the named executor is competent and wants the job, and if none of the heirs object to the appointment, there’s no problem. Otherwise, the probate court will have to appoint someone else. But the court can’t do this until probate is opened.

Opening probate is usually a simple matter of taking the deceased’s original will to the court in the county where she died. You will probably also have to complete a “petition for probate.” The court clerk will approve and accept the will and the named executor will be authorized to settle the estate or the court will appoint someone else.

The executor’s first official duty is usually to let everyone know that the will has entered probate. Some states require that the executor send direct notice to all the deceased’s heirs, beneficiaries and creditors. In other states, you might only need to publish notices in the local newspaper, or you might have to do both. Once this is accomplished, the process of identifying and selling assets, paying debts and taxes, and distributing bequests to heirs may begin.

If your loved one didn’t leave a will or a trust, settling her estate still proceeds in much the same way. The basic difference is that the deceased’s beneficiaries will be determined by state law rather than according to her wishes. The court will appoint an administrator of the estate, the duties of whom will be the same as those of a will’s executor.