The passing of a loved one can be an emotional time, and the legal issues that follow can make the experience even more stressful. Ashley L. Case can walk you through the probate process and the administration of the remaining estate.
What is Probate?
Probate is the legal process by which ownership of property is transferred from the decedent’s estate to his or her beneficiaries. The extent to which the court plays a role in the distribution is based on whether the decedent left a Will.
- If the decedent dies with a valid Will (“Testate”), upon concluding that the Will is valid, the probate court will supervise the process to assure that creditors are paid and that the remaining property is distributed in accordance with the terms and conditions of the Will.
- If the decedent dies without a Will (“Intestate”), the probate court will appoint an individual (a “Personal Representative”) to receive all claims against the estate, pay creditors and then distribute all remaining property in accordance with the laws of the state.
The information on this website is intended for informational purposes only and should not be used as a substitute for legal advice. For legal advice, please make an appointment to speak with an attorney.