PROBATE

Probate is the court process of administering a decedent’s estate. If the decedent has a Will, then the Will is submitted to the court for probate, usually by the nominated Executor. The judge then orders the probate process to be opened and officially appoints the Executor to serve. The Executor is then responsible for collecting the assets of the estate, identifying and paying off creditors, accounting to the beneficiaries and finally distributing the assets to the beneficiaries named in the Will. If a decedent dies without a Will, the court will appoint a qualified party to serve and will order distribution according to the provisions contained in the probate code for “intestate distribution.”

Estate planning is typically designed in part to avoid the probate process because of the increased time, expense and supervision that probate requires compared to the administration of a trust.