Probate is the processes that is generally undertaken to administer a deceased person's estate - to address claims and transfer the assets to the proper beneficiaries.
Some estates can be transferred without a full probate proceeding, while others require litigation. Each estate should be reviewed on a case by case bases before starting administration. Contacting a probate attorney is the easiest and quickest way to determine if probate, or which type of probate, is necessary.
A probate proceeding can be challenged for a number of reasons. Our firm is experienced in the probating of estates and in probate challenges.
Probate is often a useful and good procedure to distribute property, despite the fears many of us have. The role of probate puts a responsible person in charge of the affairs of a person who has passed away (decedent). This responsible person is called a personal representative or special administrator; previously called an executor or executrix. The personal representative or special administrator pulls together the assets, pays the bills, and distributes the remaining property of an estate to the rightful heirs.
Probate can take many forms dependent upon whether the decedent had a Will, Trust, or no estate plan at all. Also, assets ownership changes in different ways, requiring different processes. Even asset value can modify the type of proceeding required.