What is Probate

Probate is the process by which property is transferred from the decedent’s estate to his or her heirs.  The process is typically overseen by an executor if the decedent died with a will. If the decedent died intestate, then the process is overseen by a court appointed representative.

Probate involves identifying the property belonging to the decedent and distributed it according to the decedent’s will and/or according to the state’s intestacy statutes. Probate is the process by which the title is transferred to the rightful heirs.

Probate can be complex if the decedent has not appropriately planned their estate. A well-drafted and often reviewed estate plan is crucial to a smooth probate process. If the decedent died intestate – without a will – or partially intestate – with a will that fails to dispose of all of the decedent’s property – then all or some of the decedent’s property will pass according to the state’s intestacy statutes which may not be aligned with the decedent’s desires.

No matter the situation, we are able to assist you in smoothing out the probate process. We are happy to provide a free consultation in which we can discuss any pending probate matter. Also, if you are worried about your estate, we are happy to review your estate plan as part of our free consultation.

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