Probate
Probate is the actual process by which legal title of property is transferred from the decedent's estate to his/her beneficiaries. In essence, probate proceedings may occur if a person dies with a Will and probate proceedings may occur if a person dies without a Will.
If a person dies "testate" then they have died with a Will. In this case, the probate court determines if the Will is valid, hears any objections to the Will, appoints a person known as the executor, orders that creditors be paid and supervises the process, by way of inventory and a formal accounting, to assure that property remaining is distributed in accordance with the terms and conditions of the Will. In this case, the probate proceedings protect your requests when allocating property.
If a person dies "intestate" then they have died without a Will. In this case, the probate court appoints a person known as an administrator, to receive all claims against the estate, pay creditors and then distribute all remaining property in accordance with state statutes. The court supervises the entire process, by way of inventory and a formal accounting, to assure that property is distributed properly. In this instance, the state determines who owns your property through the probate process.
The major difference between dying testate and dying intestate is that an intestate estate is distributed to beneficiaries in accordance with the distribution plan established by state law; a testate estate (after payment of debts, taxes and costs of administration) is distributed in accordance with the instructions provided by the decedent in his/her Will.
In Summary, the probate process may be necessary regardless of whether one dies with or without a Will. However, if one dies without a Will then that person's estate will be distributed to relatives and/or heirs determined by the state law and not by the individual decedent wishes.
Contact Us to arrange a free consultation with Attorney Adam J. Tobin to learn more about probate or to assess your personal probate situation.
