What is probate?

Posted on: June 13th, 2018
Probate is the process by which the court validates the authenticity of a will; appoints the executor (aka personal representative); and supervises the settlement of an estate, including the payment of bills, filing of tax returns, and transfer of assets to beneficiaries. If no will is presented, the court will appoint an estate representative, called an "administrator." The administrator carries out the same duties as an executor; the remainder of the probate process remains the same whether there was a will or not, except that estate assets are distributed to heirs at law as determined by the state's intestacy laws, not beneficiaries chosen by the testator (aka the deceased who created the will).
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