PROBATE

Probate is the legal process involving the court to settle and administer an estate of someone who has died (decedent). If the decedent had a will, the court administers the estate according to the terms of the will to determine the heirs and appoint a personal representative. If the decedent dies without a will (intestate), the court will determine the heirs and appoint a personal representative according the intestacy laws. Small estates, those that do not hold real property, can generally be administered through a process that does not require court approval. Complex probate estates may include formal probate filings, the process of gathering assets, paying debts, notifying heirs and creditors, filing and paying taxes, selling estate assets, preparing and providing inventories, petitions to the court and distributing property to the beneficiaries.