An attorney retained by the executor of  the estate files with the local Probate Court to distribute the deceased's assets. If no will is found, the deceased relatives retain 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 assets will escheat to the state.

The probate court appoints the executor named in the deceased's will (if no will was found, the court appoints an estate ? administrator ?) to collect and distribute the estate assets, after paying any creditors who submit claims. Executors and administrators should question all claims submitted because some may be bogus. Unless waived in the will, a bond must be posted by the executor or administrator, thus adding to the estate's expenses. Notice of the death may be published as a ?Notice to Creditors? in a local newspaper, giving the creditors usually six months to file claims. If there is not enough cash in the estate, then the estate assets, if any, must be sold to pay the creditor claims.