What is Probate?

Probate Video Transcription:

“A lot of people ask me what probate means, probate is a special area of law that deals with estates and incapacitated individuals so usually people end up in probate court when someone’s passed away and they either need to take a will to court or they need to determine who the legal heirs of that person would be also if someone becomes incapacitated it may be necessary to go through probate court in order to appoint someone to be able to act on their behalf. If you’re looking for a free consultation give us a call today.”

Probate Explained

Probate is the process often required to transfer ownership of assets after someone dies. This process may be required whether or not the deceased has a Will. Whether or not probate is necessary and, if so, the types of probate processes that are available depend on the circumstances of each individual case.

Types of Probate Court

  • Probate of Will

  • Heirship Determination

  • Muniment of Title

  • Small Estate Affidavit

  • Affidavit of Heirship

Probate can also take many forms depending on the decedent’s estate planning, assets, debts, and family dynamics. Some common probate options include Probate of Will, Heirship Determination (when there is no Will or the Will is lacking in some way), Muniment of Title, Small Estate Affidavit, and Affidavit of Heirship. The only way to obtain Letters Testamentary or Letters of Administration is with the help of a competent probate attorney through the court system.

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