What is Probate?

Probate happens after someone has passed away. Regardless if the deceased person had a Will (testate) or no Will (intestate), a probate case is opened. Having a Will doesn’t exclude or prevent a probate case from commencing. Probate is meant to properly distribute the deceased person’s assets and liabilities and assign a personal representative. Creditors and heirs have to be notified of the probate and there’s typically a timeframe to notify the creditors and heirs and a deadline for them to respond. Probate can be complex or simple and isn’t usually avoidable unless the deceased person had a Trust.

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