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What is Probate?

March 26, 2024

What is probate?

Probate, generally, is the administration, through a court, of a deceased person’s will or the estate of a deceased person without a will. If someone passes and leaves a will, the executor or other interested person, but opens a probate case with the court to be officially named the executor/administrator and be issued letters of

office to access assets held in the estate.

If someone passes and does not leave a will, an interested person must open probate and file a petition to be named the executor/ administrator. The Administrator must report to the court. The estate will be public which allows for claims/debts to be filed against the estate. You can avoid probate with a Trust or naming beneficiaries on accounts/policies.

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