What is Probate?

Probate and estate administration is the legal process through which a person (called the Personal Representative) is appointed to gather a deceased's assets, pay their final debts and expenses, and distribute any remaining assets.

• Probate —  Although most people state that they want to avoid probate, the current probate process is set up to assist with the orderly transfer of a person's estate, regardless of whether a person dies testate (with a will) or intestate (without a will).  Basically, an individual needs to submit papers (pleadings) to the court to be appointed as the Personal Representative.  The court examines the papers and, if everything is in order, appoints the Personal Representative.  In most cases, the court then takes a "hands-off" approach, remaining involved in the process to hear any issues that may come up, but usually waiting until the Personal Representative submits papers stating that all debts and expenses have been paid and the deceased's assets have been distributed. 

• Estate administration - Estate administration is the part of the probate process after a Personal Representative has been appointed. It entails gathering up a deceased's assets, ensuring that all final debts and expenses are satisfied, and distributing the remaining assets either according to a will or, if there is no will, according to law.