WHAT IS PROBATE?
Probate is the legal process where a Will, is proven and
accepted in a court of law, to be that last testament of a deceased person. The
Will, if accepted is used to administer the decedent’s estate according to the
instructions written. Creditors and heirs are notified, an inventory of the assets
are logged to sell or distribute.
There’s a huge
misconception that a real estate asset can be sold as long as you have the
That’s simply not true. There are exceptions, but generally not true. If
an estate has to be probated, then the Will has to be approved by the court.
The Judge will want to be sure that there isn’t another Will where changes were
made. The court will want to see if the named Executor is responsible enough to
manage the affairs of the deceased. After such review and if no one contests
the Will, probate is granted giving legal authority to the named Executor to
carry out the instructions of the decedent. This is done through the documents
referred to as “Letters Testamentary”.
If you need to start the process of probate, but unsure of
the next step… let’s talk. Fill out the short form below and we’ll get you on
the right path.
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