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
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