PROBATE - Commonly Asked Questions
WHAT IS PROBATE?
Probate is the process that transfers legal title of property from the estate of the person who has died (the "decedent“ to his or her proper beneficiaries and heirs). The term "probate" refers to a "proving" of the existence of a valid Will, or determining and "proving" who one's legal heirs are if there is no Will. Since the deceased can't take it with him, probate is the process used to determine who gets his or her property.
WHY IS PROBATE NECESSARY?
When someone dies owning real estate, bank accounts, C.D.'s, stock, automobiles and other property, there must be a "system" established to pass these assets to those persons entitled to receive them. This system is called probate.
HOW DO I GET STARTED?
The first step is to call our office and talk to the Attorney or one of our probate assistants in order to identify if a probate is even needed and if so, what type of probate is required based on various factors which will be discussed. If probate is needed we typically send an agreement to the responsible party to sign stating that the person signing wishes to hire us and agrees to deposit a reasonable retainer to start the process.
