Probate is the process of closing out an individual’s financial and legal affairs after death. The probate is responsible for resolving all claims of a deceased person’s estate. A decedent’s property is retitled through the probate process and all debts are paid. The probate interprets the instructions of the deceased, adjudicates the interests of heirs and other parties who may have claims against the estate, as well as determines the personal representative of the estate. These proceedings are conducted in Superior Court and can take several months, if not years, to complete. The process is controlled by a judge, who can decided disputes between heirs or between heirs and the executor.
Under the probate process title of the decedent’s property is retitled and assets are distributed to any heirs. Often times, real estate must be sold to enable to proper distribution of the deceased persons assets. There are time factors involved in filing and objecting to claims against the estate.
The Probate process is highly technical as creditors must be notified, legal notices must be published, and taxes must be paid. Additionally, the executor is required, almost always, to account for all property of the estate. At every step, expert knowledge and advice will help this complex process run more smoothly.