The Probate Process

The word probate is a broad term, encompassing several different legal actions. For example, probate can refer to the method in which an estate is processed through the legal system after a person dies, and it can also refer to the specific act of presenting a will to a court officer to file. Put most simply, the probate process is the “script” for how an estate should be transferred upon a person’s death. All estates should be processed in a specific way. For example, taxes and debts must be paid before any inheritance is passed on to beneficiaries.
Is An Estate Without a Will Still Probated?
Many people mistakenly assume that the probate process only applies to estates with wills attached. This simply isn’t true though, as every estate will be probated, with or without a will. The will only makes the process easier and lets others know how a person prefers their estate be processed. Without a will, the law will have to decide who gets what in an estate.
Process of Probate:
The process of probating a will is not that complicated. In fact, it actually involves only two main steps. First, any and all debts should be paid that go along with a person’s estate, and secondly, all remaining assets should be transferred to beneficiaries. A state court, referred to as probate court oversees the completion of this
If there is no will present, the court determines who this person will be. If living family members, like a spouse or adult child to the deceased want to be the personal representative, they can request and become the court appointed representative. After the personal representative is identified, that person will be sworn in. This usually involves the person taking oath of office. After this, the personal representative will file the Petition for Probate of Will and Appoint of Personal Representation, which begins the probate