What is Probate?

Probate is the legal process of transferring property upon a person’s death. Probate is a public, court-supervised process, and it becomes necessary when someone dies without a Living Trust. A Last Will and Testament alone is not enough to avoid Probate, but if the deceased created one, it can act as a roadmap for the Probate process, especially if it identifies the estate’s Executor and the way in which the deceased wanted the estate’s assets to be distributed among its heirs.
Probate is never easy. It comes at a time of loss and grieving and it is time-consuming and it can be expensive. Many people think they need an attorney to oversee and execute the Probate process. But if the Probate is uncontested — if none of the heirs or beneficiaries is disputing the distribution of the estate — you do not need an attorney.
Probate is actually a very methodical process, and it is a growing practice area for DP Probate Services. We help our clients through the step-by- step process, saving them considerable money.
Probate is a very methodical process, and it includes locating and determining the value of the decedent’s assets, liquidating them, if necessary, to pay the final bills and taxes, then distributing the remainder of the estate to the rightful heirs or beneficiaries.

The Probate process begins by naming an Personal Representative (Administrator/Executor) to manage the process

The Personal Representative is generally a family member, but it may be a third party, such as a bank representative or a fiduciary. It must be someone with time and the ability to manage financial affairs. Depending on the complexity of the estate, it can take several years to settle a Probate case.

  If there was a Will naming an Executor, this jumpstarts the Probate process. The Executor presents the Will for Probate in the county courthouse where the decedent lived or owned property.

  If there is no Will, an Administrator must be appointed by the court to act as the administrator of the decedent’s estate. While this is generally the spouse or an adult child of the decedent, it can be a third party, such as a bank representative or a fiduciary.

Once the court has name the Administrator/Executor, this person becomes the legal representative of the estate. While the Probate process can be long and convoluted, depending on the complexity of the estate, it is also a very logical process with four basic steps.