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The probate process can be confusing – especially for those who have never gone through it. This section explains the process in detail and provides information on the differences between contested and uncontested wills, whether an executor or executrix is obligated to serve, what types of property are or are not subject to probate and what happens when property is located in more than one state.
What if the decedent owned land in more than one state?
The laws of the state in which the deceased was a permanent resident or "domiciliary" govern who will receive all the deceased's personal property, wherever it is located, and all ...
How long does probate take and how much does it cost?
The time it takes to probate an estate depends on how complicated the estate is, including whether or not the deceased left things in order. If the deceased left piles ...
My relative left only a very small estate. Is there anything easy?
That depends on the laws of your state. The laws on probate—the procedures you have to go through to transfer property belonging to a decedent to his or her heirs ...
What goes on in the probate of an uncontested will?
Typically the person named as the deceased's Personal Representative (a more formal term is "Executor" or "Executrix") goes to an attorney experienced in probate matters, who then prepares a "Petition" ...
Who is responsible for handling the probate process?
The Personal Representative (sometimes also referred to as the Executor or Executrix or the Administrator or Administratrix) is appointed as part of the probate proceeding and has the responsibility for ...
What types of property don’t have to go through probate, and what types do?
Some process is needed to transfer legal title from the deceased’s own name to his or her Beneficiaries or heirs. Property that does not need to go through probate to ...
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