World Wide Realty
J. "Diego" Marin
 

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 Will.

 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.

**WE ARE NOT ATTORNEYS AND DO NOT OFFER ANY LEGAL ADVICE**



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Are you the personal representative? Required yes   no   
Do you have a valid Will? Required yes   no   
Have you filed a petition for probate? Required yes   no   
What has been the biggest challenge so far? Required
 
 
 

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