KBP LAW

Probate

Let's speak about probate for a moment.

Probate is what happens with the distribution of one's assets after they pass away. Needless to say, this is a lot clearer if one dies with a Will in place. Which is referred to as testate. If one dies without a Will in place it is referred to as intestate. Intestate distribution of assets will happen via the operation of law in the governing State of the decedent.

When I say will “in place” one of the things you'll need to have is the original will itself. It'll need to be signed, notarized and properly witnessed that will need to be presented at the probate court so they can issue a ruling on who the Personal representative of the Estate (which was formerly referred to as the Executor of the Executrix of the Estate) and where these assets ultimately go.

This can be high stakes of course depending on what one has a mass during their lifetime whether it's real estate stocks bonds life insurance art jewelry what have you and obviously it's a difficult time in the Family itself due to the passing away of a loved one so to have a competent attorney help you navigate the probate mechanism is crucial.