Formal and Informal Probate is the court supervised legal procedure used to transferring assets or the ownership of property following the passing of a deceased person.  The procedure includes the filing and validation of the deceased’s will, the distribution of assets and property under the direction of the will, and the resolution of any debts owed by the deceased.  An estate may proceed through Probate whether or not a person passes away with a will.  While probate may not be applicable in every case, the probate process may arise following the passing of a wealthy person or working class person. Ultimately, the legal procedure aims to resolve the debts owed by the deceased, the distribution to beneficiaries, and resolution of tax consequences that may arise following death.

Should I hire an Attorney?

A beneficiary or personal representative may hire a lawyer to assist with the probate process.  The lawyer who drafted the will for the deceased is not required to be hired by a beneficiary or the personal representative.  Lawyers can serve as a valuable resource for persons who are working to resolved a loved one’s estate following a death.  Your local register in probate may be able to help you with technical or small issues, but will be unable to provide legal advice.  Lawyers can provide you, in your role as personal representative, with advice regarding the probate process, opening an estate, notifying estate creditors, referring you to tax professionals, resolving claims against an estate, inventorying assets, selling or distributing assets, and closing an estate.