Probate

A Probate is a court proceeding through which a person is appointed as Administrator or Executor of a deceased person's Estate to marshal the Decedent's assets, pay the Decedent's valid debts, and distribute the Decedent's assets. At the conclusion of the Probate proceeding, the Administrator or Executor distributes the assets of the Decedent's Estate to the named Beneficiaries of the Decedent's Will, or if no Will, then to the Decedent's heirs at law as defined by law.

Many people avoid the expense, time-delay, and publicity of a Probate by creating an Estate Plan including a Revocable Living Trust. (See Wills, Trusts & Estate Planning.) For someone who dies without a properly-funded Revocable Living Trust, however, a Probate often is the only mechanism available to distribute his or her assets on death.


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