Probate Law

---

What is probate?

Probate is often used as a misnomer to refer to the entire legal process of administering and settling the estate of an individual who has passed away. This entire process is generally referred to by lawyers as an administration. Legally and technically, probate is the just the actual proving the validity of a Will in a Court of law.

Why is probate needed?

Probate allows for legal oversight of the transfer of property from someone who passed away to another individual. Among other reaons, the process is important to ensure:

1. The intended recipient receives the correct and intended property; and/or
2. An individual buying property from an estate knows seller has a legal right to sell the property.

Common Probate Options:

Not every estate needs nor has to have an administration. In fact, the law requires a need to administer the estate before the Court will open an administration. Whether there exists a need and the type of administration needed requires the careful consideration of multiple factors. Because of this complexity, consulting with a probate attorney before taking legal action may be helpful.

There are three major types of administrations:

1. Independent administration;
2. Dependent administration; and
3. Temporary administration.

If the person died with a Will and there exists, and you timely applied to probate the Will, you are generally limited to:

1. Probating the Will and instituting an administration; or
2. Probate the Will as a muniment of title.

If the individual died without a will, things get a bit more complicated. However, selecting the appropriate option can be difficult and is best to consult with a probate attorney to help pursue the correct option. Some of the options include:

1. An heirship proceeding and (in)dependent administration;
2. An affidavit of heirship; or
3. A small estate affidavit.

Actions with a Will:

Actions
Without a Will:

Emergency Administration:

Other Issues: