Probate is the court process by which legal title to property is transferred from the decedent’s estate to his or her beneficiaries. It is a court supervised process that includes determining the validity of your will, gathering your assets, paying your debts, taxes, and the expenses of will administration, and then distributing the remaining assets to those persons entitled to them.
The main advantage of probate is that the probate court supervises the entire proceedings, and the probate laws are followed. This can be especially beneficial if there are claims of creditors, challenges to the will, or disputes that arise from the will. However, probate can also be a lengthy and expensive procedure and is often frustrating and stressful to your family. There are ways to avoid probate, so please contact our office to schedule a consult during which we will review your estate to assist you in deciding whether you may want to avoid probate.