Probate

What exactly is probate?

Probate is a procedure, supervised formally or informally by the court, for the transfer of ownership of assets after a person passes. A will is entered with the probate court and is used to distribute property as it directs. If no will, the estate may still go through probate.

What happens during probate?

A personal representative is appoint who has authority to identify and collect the assets, manage those assets while probate is open, pay debts, claims, taxes, and administrative expenses, and distribute the net proceeds to the surviving spouse or dependent children or other persons under law or the will.

Do I need an attorney?

The probate process can be time intensive and labor intensive. Lawyers have the legal experience and skills to assist with this work, guide you through the process, and effectively resolve issues that may arise. While a lawyer is not required for informal probate, a lawyer is required for formal probate.

What does it cost?

Major expenses are centered on court costs, costs of putting up a probate bond if bond is not waived by the will, and fees paid to the personal representative and the attorney. Generally, the funds used to pay these expenses can come out of the estate. Contact our Firm today to learn more about your specific circumstances and review of costs.