About Probate

Simply put, probate is the way that a person’s estate passes to their heirs.  Probate is used to transfer title to any assets you own at the time of your death that is solely in your name and did not pass to someone else by operation of law.

If the person who died (decedent) left a valid Will, a probate court accepts the Will. The personal representative (executor) then has the authority to go about the business of settling the estate. The court doesn’t have to do much, because the Will and other estate plan documents tell the personal representative what to do.

The probate court is even more involved if the decedent did not leave a valid Will. The court will appoint an administrator to settle the estate. Without the guidance of a Will, however, the administration of the estate is much more frustrating, time-consuming, and costly.

Either way, probate is a public proceeding and can take several months or years, often resulting in family fights. Throughout my career, I have witnessed too many families irreparably damaged or destroyed by these preventable conflicts.

To learn more about how to avoid these preventable conflicts, click here.