Probate

Probate

What is Probate?

Probate is the process by which a last will and testament is reviewed and executed. This review is done to determine whether the will is true and authenticatable. When a person dies and their assets are taken into question a judge appoints an executor (named in the will) or names one if not provided by the will, to oversee the distribution of the deceased person’s estate and other financial responsibilities.  


This executor's role is to distribute the estate of the deceased person to his or her beneficiaries or other people. 


Probate is the process by which a deceased person’s assets are analyzed and assessed by a probate court. One of the most important aspects of this is the court analyzing whether or not the deceased person has a legal testament and will.

What happens if there is no will?

Intestate estate is the legal term used to refer to a person who has died and left no last will and testament. Depending on the deceased person’s assets then probate court will be necessary to determine how to distribute the estate. Usually this is carried out based on state laws. An administrator will be appointed to carry out the legal proceedings with distributing the estate.

Why appoint a probate attorney?

Hiring an attorney should be something to consider when thinking about drafting a last will and testament. Wills are not only for aging individuals and or senior citizens; having a legal will is something all people should consider, especially those with children. An attorney should also be considered when contesting the validity or legality of a last will. State laws stipulate strict guidelines when it comes to probate law and having a knowledgeable attorney by your side after the loss of a family member can be a crucially deciding factor to the distribution of the estate.


Contact our office today to let our team assist with your probate needs. 

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