Wills, Trusts, and Estates
Wills, Trusts, and Estates
Losing a loved one is a difficult time for family, relatives, and friends. In addition to dealing with grief, those left behind often need to determine how property will be transferred or inherited from the person who has died.
In many cases, transferring property requires a court process. Probate matters can be complicated, and determining whether a court case is required can be difficult. In some situations, family members may be able to transfer property without opening a probate case, depending on the circumstances and the type of property involved.
You may wish to seek legal advice from a probate attorney to determine the appropriate procedure.
What is probate?
Probate is the court process used to manage the estate of a person who has died. A probate case may involve:
- Transferring property from the person who died to heirs or beneficiaries
- Determining whether a will is valid
- Managing and resolving the financial obligations of the person who died
During probate, the court appoints a personal representative to manage the estate. If a will exists, the person appointed is called the executor. If there is no will, the court appoints an administrator. The personal representative gathers the assets, pays debts and expenses, and distributes the remaining property to the beneficiaries under the supervision of the court.