Probate is the legal process used by the Courts to administer a decedent's (the person that passed away) estate. Some of the most common reasons for probate are to clear the title to property, give notice and pay creditors, and if they had a will, to disburse the estate property as they so wished.
An estate consists of all property that was owned by the deceased at the time of death that did not otherwise transfer outside of the court. For example a bank account that has a designated beneficiary named to receive the funds upon the death of the owner of the account. This account is commonly referred to as payable on death bank account. These accounts are very common and you might have one yourself. Once a probate has been opened it stays opened until all debtors are dealt with, title is transferred correctly, taxes are paid, and any other loose ends that need to be addressed are addressed. There is typically an estate representative that works with the attorney to do these things. This person is referred to as the executor if there is a will or an administrator if there is not will. This person is named in the will or is a close family member or friend. They are responsible for making sure the probate is performed correctly. This is why going through probate without an attorney is difficult and burdensome.
Once the court sees that the estate has been handled correctly the probate can be closed. This is just a brief overview of the probate process and should be discussed in more detail with an attorney. Not everyone needs to go through the probate process. Probate can be expensive and a good estate plan can help you find ways to save money. You should really seek qualified legal representation in your jurisdiction to determine the best course of action for your circumstances. If you are in the Houston area and need help with the probate process please contact us: The Law Office of Albert Lee Giddens
About the Author
This article is written based on my legal and personal experience with the probate process. It was written to give a little insight to the process.
