PROBATE

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.

Probate Lawyer

 

Types of probate proceedings include:

Independent Administration

Dependent Administration

Muniment of Title

Declaration of Heirship

 

Types of legal documents that may be used as an alternative to a probate proceeding, include:

Affidavit of Heirship

Small Estate Affidavit

 

It is best to discuss probate options with an attorney to ensure the property of your loved ones is distributed properly and in accordance to state law.


Frequently Asked Questions – Probate

No, your property will not pass automatically to your spouse and/or children. You must take action. An Affidavit of Heirship or a Probate proceeding will allow you to receive the property of the deceased.

An affidavit of heirship is a sworn statement by someone who knew the deceased or has personal knowledge of your family history.

Our office also provides legal services for guardianship and trusts.