Probate

Definition of Probate

Probate is a legal process whereby certain debts of the deceased person are settled and their property’s (property only in the name of the decedent and not otherwise) legal title is transferred and/or distributed by the law to their beneficiaries and heirs.

In the event where the deceased has left a will, and they have left behind property that qualifies for probate, the process starts when the estate’s executor (as appointed by the will), presents the last will of the decedent for probate in the probate court of the decedent’s resident county.

In case the deceased left no last will, someone from the deceased’s family must reach out to the court and request them to appoint an administrator for the deceased's estate. Often, this administrator is the deceased’s surviving spouse or the adult child. Once the court appoints an administrator, they are legally authorized to administer the said estate.

In simple terms, probate is a process supervised by a probate court that deals with the distribution or transfer of the assets and properties of a deceased person after his death.

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