Question By: ‘Probate’ means the copy of a Will, certified under the seal of a court of competent jurisdiction, with a grant of administration to the estate of the testator.
The person who makes a Will, expresses his wishes to be executed after his death by certain persons who are generally named in the Will.
Probate refers to a court proceeding related to the settlement of a person's estate after death. The decedent's outstanding debts are settled. Legal title to all property is sold and/or formally passes from the decedent to the appropriate heirs and beneficiaries. A personal representative, executor or user will be assigned to conduct the affairs of the estate, depending upon the provisions of the will.
The process can be somewhat lengthy and complex. It is typical protocol to initiate the probate process via an estate attorney.
Importance of Probate
While the probate process – especially when lawyers are involved – only takes away from what beneficiaries get from a person’s will, the process can be stripped down and fairly simple. Not all property is required to pass through probate.
A certain amount of property – usually measured by dollar amount – can be dealt with and distributed without the need for probate. If there is any significant property left over, there are simplified procedures that can quickly and easily transfer property to the intended or desired owner.
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