Probate

When a person dies, his or her will must pass through probate except under certain circumstances. During the probate process, beneficiaries are given notice as to what they are entitled to receive and they may challenge the will if they are unhappy with the distribution. The probate process is also the time when appropriate taxes on the estate are assessed. The specifics of probate and the laws regarding enforcement and carrying out of the provisions in a will vary by state, and laws concerning probate and estate planning are important to consider when constructing a will. This is one of the reasons most people ask an estate planning attorney to carefully prepare a plan. Consult the articles in this section for more information about the probate process.