Probate Law

The legal procedure of “proving” a will in court so that it is recognized as the real last testament
of the deceased or, in the absence of a valid will, having the estate distributed in accordance
with the intestacy rules of the state where the deceased was a resident at the time of death.

The legal process of managing a decedent’s estate, resolving any disputes, and distributing the
decedent’s property in accordance with a will begins with the granting of probate. A probate
court determines if a testator’s will is legitimate legally and gives the executor approval, often
known as awarding probate. Once the will has been probated, it becomes a binding legal
document that the executor may use to their advantage in court, if necessary. Additionally,
probate formally names a personal representative, who is typically named in the will, and
grants them the authority to distribute the testator’s assets per the terms of the
will. However, a will may be questioned during the probate procedure.