When a loved one dies, the process of sorting out his/her estate often falls to a member of the family. Probate is the process by which the legal title of the deceased person's property is transferred to the heirs (unless the assets are in a trust of some kind). If the decedent left a will, it may name a specific person as the executor. Frequently, this is the surviving spouse. This is because the spouse is usually the person most affected by what happens during probate. Also, the spouse generally has access to the decedent's accounts and assets and knows where important papers are kept.

Unless the accounts are jointly held by both spouses, the surviving husband or wife does not necessarily own the assets in the account. In general, family members should not spend money in any accounts that are not held jointly until the estate has gone through probate. The executor may need to pay off debts such as final medical bills out of those funds as required by the court. If a family member is uncomfortable acting as executor of a will, he/she may decline to serve. Other family members may volunteer to act as the executor with the court's approval or the court may designate an impartial third party to handle the probate process.