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It is important to understand the probate procedure after a person dies and why probate should be avoided. Here is a brief summary of the steps that occur if a deceased person's assets must go through the probate procedure: 1 – An attorney hired by the deceased's estate executor (named in the deceased's will) files a petition in local Probate Court to distribute the deceased's assets. If no will was found, the deceased's relatives hire an attorney to petition the Probate Court for distribution of the deceased's assets to the heirs according to the state's law of intestate succession. However, if the deceased left no will, and no heirs can be located, the state will get all the assets by escheat! Purchase Bob Bruss reports online. Probate attorneys love this easy and very profitab...