Probate Law Services

What is Probate?
Probate is a court proceeding which purpose is to transfer legal title to property from the estate of a person who died (decedent) to his or her legal beneficiaries.

Will or No Will?
If a person dies leaving a Will behind, his/her estate will be distributed according to the decedent’s wishes outlined in the Will. If a person dies without a Will, his/her estate will be distributed according to the Statute. For example, if a person dies leaving a wife and no children, his wife will receive 100% of his estate. If a person dies leaving a wife and children, the wife will receive 50% of the estate and the children the other 50%, etc.

When Probate is Not Necessary?
If the value of an estate is less than $100,000.00 a probate proceeding may not be necessary if the decedent left only personal property (cash, stock, annuities, furniture, cars, etc). The property of the estate may be collected by using a Small Estate Affidavit. Also, if any property was owned by the decedent and another person in joint tenancy probate is not necessary.

Can I Sell Real Estate Without Probate?
Generally yes. If the real estate was owned in joint tenancy or tenancy by the entirety probate is not necessary. If a decedent died owning a property alone, the property can still be sold without going though probate if all heirs (persons who should legally inherit decedent’s estate) agree to sell and distribute the proceeds.

Executor or Administrator?
Executor is a person who was named in the Will as the person authorized to collect the assets of the estate. If a person dies without a Will, every interested person (usually a heir) can petition the Court to be appointed an Administrator of the estate in order to collect the assets of the estate.