Probate

What is Probate?

Probate is the process where the court supervises a transfer of a deceased person’s assets to the beneficiaries listed in his or her will, if a will was prepared. Before property can be distributed to the heirs of the deceased it must often pass through the Probate Court to make the transfer of these assets legal.

The Probate Court Process

When a person passes away (the “Decedent”) with ownership of valuable assets, the process of transferring those assets can be complicated. The person in charge of the transfer and distribution of assets is called an “executor.” The responsibilities of the executor include the following:

Prove the authenticity of the Will
Get Approved by the Court to Act on Behalf of the Estate
Create an inventory of Decedent’s Assets
Determine the Value of Decedent’s Assets (Appraisal)
Pay Decedent’s Outstanding Debts/Taxes
Distribute Assets According to Decedent’s Wishes

Probate is a particularly difficult process because of the emotional aspects involved with inventorying, valuing and distributing a loved one’s assets. Having an experienced probate attorney to work with can make the process run smoother, and take the uncertainty away.

How Long Does Probate Take?

Probate typically can not be completed in less than six months, and generally should not take more than one year. If the Probate process is to take more than one year, the executor or personal representative must file an estate tax return and provide a status report to the Court. Circumstances that lead to a longer probate process include: