What is Probate?

Probate is the legal process of validating a will, settling the estate of a deceased person, and distributing their property.

The steps involved in executing a probate are:

  • validate the will
  • inventory all property
  • appraise all property
  • pay all estate debts including estate taxes
  • distribute all remaining property according to the dictates of the will

Probate can take months to a year to fully settle, depending on complexity of the estate, disputes, and bills.

Probate Court

Also known as surrogate court in some states, probate court is a specialized court that focuses primarily on estate administration and probate cases. Among other responsibilities, probate court validates and enforces wills and prevents any untoward activities by those administering the wills (executors). The probate court also holds juristiction when a deceased with property has no valid will.

Executor

Most wills establish an executor - or administrator - for the estate. This person presents the will to the courts, along with a list of assets and property. If a will does not designate an executor, the courts appoint one.

Probate Attorneys

Probate is the legal process of validating a will, settling the estate of a deceased person, and distributing their property. A probate attorney is experienced in all aspects of the probate process and can ensure that their client's wishes will be fulfilled.

Probate requires extensive paperwork and court appearances. Having a lawyer experienced in probate issues helps you deal with those complications during an already difficult time. Your attorney will guide you through the issues dealing with someone's estate.

Estate Law Term of the Day

Intestacy

If this occurs the decedent has eliminated their right to determine how their assets should be distributed at the time of their death, and instead, allows the state to determine asset distribution according to state intestate laws.

Category: Estate Law

Latest Estate Law Question

Can I keep siblings from selling a house we own together?

Siblings can generally force a sell of the family home even without consensus from all siblings.

 

Category: Estate Law



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