What is Probate?
In a nutshell, probate is the legal process that ensures that the correct persons inherit the property and possessions of a person who has passed away.
The process is initiated in the courts by the person who is entitled to serve as the Executor of the estate. That is either the person who is named as Executor in the Will of the deceased person, or the person who has the right to be the Executor under statute when there is no Will.
Once the appointment of the Executor is approved by the court, he or she will then gather the property and possessions of the deceased person together and make sure that all outstanding bills that are filed with the court are paid.
After that is accomplished, the Executor will then disburse the remaining property and possessions to the rightful heirs. Those are the heirs that we either named in the Will of the person who passed away or, if there is no Will, the heirs dictated by the statutes that apply in the absence of a Will.