Probate

Probate is a court-supervised legal progress wherein the court manages the distribution of a deceased person’s estate. An estate is composed of all the assets, debts, and claims, pertaining to the deceased. If the deceased had a will, the court will interpret the will to ensure that all debts and claims are resolved and that any remaining assets are distributed as intended by the decedent.  If the deceased did not have a will, the estate is distributed according to state probate laws. Usually, the only way the probate process and costs associated it can be avoided is through the establishment of a trust during the lifetime of the decedent.  A will typically names one person to serve as Executor; this individual serves as the person responsible for the collection of assets, payment of debts, and subsequent disbursements. If the deceased did not have a will, the court will appoint an Administrator to take on this role.  Probate law is complex and varies from state to state – it is essential to select an attorney that specializes in the probate law in your state.