Probate

Probate is the legal process wherein the estate of a deceased person is administered. This process involves resolving all claims and distributing the deceased person's property under a valid will. A surrogate court decides the validity of a testator's will. A probate interprets the instructions of the deceased, decides the executor as the personal representative of the estate, and adjudicates the interests of heirs and other parties who may have claims against the estate.

Process

The probate process begins when the person who made the will, known as the testator, dies. If the testator has left a will, the person named in the will as the executor, or the person who wants to administer the estate if there is no will, applies to the probate court. The application includes a copy of the death certificate and the original will, if one exists.

Probate Assets

Probate assets are anything owned by a deceased person that has no way of passing to a living beneficiary without a court-supervised probate process. This may include real estate properties, bank accounts, and personal property such as furniture and cars.

Probate Court

A probate court (surrogate court) is a specialized court that deals with the property and debts of a person who has died. The basic role of the probate court judge is to assure that the deceased person’s creditors are paid, and that any remaining assets are distributed to the proper beneficiaries.

Probate Laws

Probate laws vary from state to state. In some states, the probate courts are known as surrogate courts. Probate courts are generally responsible for handling such matters as wills, estates, conservatorships, and guardianships, as well as the commitment of mentally ill persons to institutions designed to help them.

See Also

• Estate (law)
• Inheritance
• Testator
• Will (law)

Probate Resources
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