Probate is the process of formally distributing a person’s probate assets after death. If an individual owns assets in his or her own name at the time of death, his or her estate may need to go through probate. Generally, if the decedent owned real estate of any value or other assets with a total value of $50,000 or more, probate will be necessary.
In a non-contested situation, probate consists of filing certain documents required by the court at certain time intervals. As part of the process, the court issues the personal representative a document that gives that person the authority to wind up the affairs of the decedent and carry out the decedent’s wishes. The probate process can be completed in as little as 6 months.
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