What is the probate process?

Question: My aunt, who I haven’t seen in years, passed away and I was her only relative. Her lawyer called to tell me that I was named in the will and he wants me to come in and discuss the probate process. I’m not sure exactly what this means?

Response: The probate process is the formal legal process of transferring the estate after a person dies. The purpose is to ensure that the will is valid, and that the appropriate assets are transferred to heirs. Probate also gives people a chance to contest the will, and gives creditors the opportunity to come forward and assert claims on the estate. The will generally names an executor, who handles the distribution of assets and oversees the probate process. The process is then presided over by either a judge or a country register, to ensure distribution of assets.

If the will is uncontested, when you go to the attorneys office you will generally discuss your inheritance and perhaps any tax implications that arise. However, if the will is being contested or if the estate is sufficiently large as to be subject to inheritance taxes, it may be advisable for you to contact a probate attorney to guide you through the process.

Answered by Steven Sweig

Disclaimer: This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.