Probate

Probate is the legal process used by the Courts to administer a decedent's estate. Some of the reasons for probate are to clear the title to property, give notice and pay creditors, and if they had a will, to disburse the estate property as they so wished.  An estate consists of all property that was owned by the deceased at the time of death that did not otherwise transfer outside of the court. For example a bank account that has a designated beneficiary named to receive the funds upon the death of the owner of the account. This account is commonly referred to as payable on death bank account. These accounts are very common and you might have one yourself. 

Once a probate has been opened it stays opened until all debtors are dealt with, title is transfer correctly, taxes are paid, and any other lose end that need to be addressed are addressed. There is an estate representative that works with the attorney to do these things they are referred to as the executor if there is a will or an administrator if there in not will. This person is named in the will or is a close family member or friend. They are responsible for making sure the probate is performed correctly. This is why going through probate without an attorney is difficult and burdensome. Once the court see that the estate has been handled correctly the probate can be closed. This is just a brief overview of the probate process and should be discussed in more detail with an attorney.

Not everyone needs to go through the probate process. Probate can be expensive and a good estate plan can help you find ways to save money. To lean more you should go to the estate planning section on this website or call to make an appointment.  If you would like to know what to expect before coming to our office, please see our Meeting with an Attorney section.