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What is Probate?
Probate is the legal process of administering the different aspects of a deceased person’s assets under a will.
Probate matters are handled by the probate court. This court will determine the legality and validity of the will and assists in the administration or granting of probate to the executor of a will. The term Probate can mean several different things.
When you file a will with the court this can be considered “probate” a will. As stated above, the word probate generally means the process to which a deceased’s property and assets are administered after their death. The key aspect of probate is legal supervision of your estate so that is handled legally and the way that the deceased person intended.
Most people think that estates are probated ONLY if they do not have a will, this a misconception.
Even when there is a valid will in place the probate process determines some aspects of the transference of your estate. In some cases the deceased person’s estate was only covered in part by a will so the estate would go into probate.
This is why the need for an attorney to prepare, review, and administer a will is so critical. So that your estate is managed properly and legally as you direct in a valid will.