Probate and Estate Administration

 

When someone dies, either with or without a will, there are often estate issues that need to be addressed, including tax return preparation and changing property titles. Probate is the process in which the court determines who gets what property. If a person dies testate (with a will), the probate court determines if that will is valid and asks for any objections. If a person dies intestate (without a will), the probate court appoints a person to oversee this process, and after all claims against the estate are settled and creditors are paid, this person distributes any remaining property in accordance with state laws. Often the point of a revocable living trust is to avoid probate altogether, saving the family time, money and avoiding the potential for conflict.