Understanding Probate (1 of 2)

Everyone has a will or plan, whether created or by

default. Even if you have not made out a will or a trust,

you still have a plan - a plan dictated by the laws of the

state where you reside upon your death. Making a will is

not a way to avoid "probate", the court procedure that

changes the legal ownership of your property after your

death. Probate makes sure it is your last valid will,

appoints the executor named in your will and supervises

the executor's work. You can do several things now that

can help your executor and family later, hopefully much

later on.

I am in possession of a will that distributes the

No. The will must be admitted to probate and the estate of

the decedent must be "probated."

What does "probate" actually mean?

Generally, probate is a court proceeding that administers

the estate of an individual.

What is the purpose of "estate administration"?

1. Generally, there are five purposes, many of which

have subsets to them:

2. To determine that the decedent is in fact dead,

3. To establish the validity of the will,

4. To identify the heirs and devisees of the decedent,

5. To settle any claims that creditors may have against

the estate of the decedent, and

6. To distribute the property.

Who is the Public Administrator?

Generally speaking, a public administrator is a person or

entity appointed by the State to act when there is no will or

relatives.

What is the difference between "Testate" and

When one is said to have died "Testate," it means he or

she died leaving a will. If one is said to have died

"Intestate," it means he or she died without leaving a will.

What is the difference between an executor and an

An "executor" carries out the directions and requests set

forth in the decedent's will. An "administrator" is

appointed by the court to manage the estate of a decedent

who dies intestate.