Probate is a legal process that takes place after someone dies. Here’s a brief overview of the probate process:

  1. Probate Process:
    1. If a person dies and leaves a will the will must be found and delivered to the probate court for filing.
    2. Then a probate estate is created and all of the property except for that which passes outside of probate passes to that estate until administration is complete.
    3. The court will notify everyone who has an interest in the estate. Those beneficiaries will be given notice.
    4. If the person had a will the court will also ask if it is a valid will:
      1. Did it meet the formality requirements that the probate court sets out to be a valid will?
      2. Even if it does look like a valid executed will, did the person have the legal and mental capacity to make a will?
      3. If they had the capacity, was there any third party interference with the decedent (fraud, undue influence, duress.)
      4. If the will is valid, was it revoked?
    5. The will is then admitted to probate if it meets the necessary requirements.

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