Probate: Even if you leave a will, everything an individual owns is going to pass through the probate process. Although you are not legally required to have an attorney, it is wise to have one. Your attorney can walk you through the probate process and prepare the documents needed. This is especially important if real estate or children are involved. A probate case usually develops because there is a legal dispute regarding the will of the deceased. Family members may fight over various assets, accounts, guardianship of children or pets, or property.
Probate can become a complicated and complex legal process.
Click on the pictures below to learn more about the process:
The probate process is expensive, time-consuming, and part of the public record. Plan ahead and your assets can pass on to family without going through probate, in a faster, less expensive, and completely private manner.
Following an individual's death, the process the court uses to close out the decedent's estate is known as probate.
The court determines if the will submitted is valid and in control of the estate.
When a will was either not created before the person’s death or it is somehow invalid, the court must appoint someone to handle the estate.
An Executor is the person named in the will who carries out the wishes of the deceased.
An Administrator is appointed by the court to handle the estate when there is no will.
Letters of Testamentary
This is a document issued by a court or public official authorizing the executor of a will to take control of a deceased person's estate.
Letters of Administration
This document gives authority to administer the estate of someone who has died without making a will.
It is a written statement confirmed by oath or affirmation, for use as evidence in court that the deceased individual's assets have been gathered, debts have been paid, and what is left has been distributed.