What is Probate?
Probate is the process of passing assets from the estate to the heirs through the probate courts.
When there is a Will, you offer it to the county clerk with application along with the Will. Thereafter, you go to court with your attorney to prove the validity of the last will and testament and to show that the executor is qualified to serve as executor. Thereafter, an oath is taken by executor to serve in their fiduciary capacity whereby letters of testamentary are issued to executor. An administrator is appointed if the executor is unable to serve and they are given letters administration.
When there is no Will, you must do a determination of heirship and seek administration to appoint an administrator. Most counties require an attorney to represent the administrator. An administration can be independent with minimal court supervision if all the heirs agree. Otherwise, it is dependent and court supervised. Letters of administration are issued to the named administrator.
