What is Probate?

Probate is the process of administering a dead persons' estate, utilizing the court system. If the deceased person died "testate," (that is, with a will), the process includes proving the validity of the Will, appointing the dead person's named executor to administer the estate, and seeing to it that there is an inventorying and gathering of the dead persons' assets and debts, also that creditors may be paid, and assets distributed to the beneficiaries name in the Will. If the deceased person died without a Will, the process is similar with a court-appointed administrator inventorying and gathering the assets and debts, pay the debts, and distributing the remainder to the heirs at law of the deceased person. These procedures are accomplished with the assistance of an attorney, who should work closely with the executor or administrator.