Probate is a legal process that establishes the validity of a will and/or appoints person(s) in charge of administering the estate and distributing the property.
If you or a loved one die without a will, probate proceedings may still be necessary after death to distribute property in accordance to state law.
Choosing the proper probate proceeding depends on many factors, including but not limited to; whether the decedent died with or without a will, the value and type of property the decedent owned, the amount of unpaid debts left by the decedent, and the identity of the heirs.
Types of probate proceedings include:
Muniment of Title
Declaration of Heirship
Small Estate Affidavit
Types of legal documents that may be used as an alternative to a probate proceeding include:
Affidavit of Heirship
It is best to discuss probate options with an attorney to ensure the property of your loved ones is distributed properly and in accordance with state law.