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What is Probate?

What is Probate?

Probate is the legal process that takes place after a person’s death, during which legal documents (such as wills and trusts) are reviewed and enforced.

A person’s will generally must be validated by the court, after which the person’s assets are distributed to the heirs accordingly. If there is no will, then the probate court will decide how to distribute the assets, which may not be consistent with the deceased’s actual wishes.

Typically, a probate court will make public a deceased’s estate is under review, which will allow for any and all claims on the deceased’s estate. The court will then determine the validity of their claims, and the costs of probate are generally absorbed by the heirs.

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Keywords: estates, estate planning, trusts, probate court, wills,