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What Is a Probate?

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What Is a Probate?

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Probate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries. The Court oversees the estate to make sure debts are paid and proper distribution is made. • What is a will? A will is a document which, among other things, indicates how a person wants his or her property to be distributed after death. The will generally recommends a personal representative to administer the estate. A will does not, however, transfer the title to real property. Go to Top • When and where should a will be deposited? After the death of the person, the custodian of the will must file the original will and a certified copy of the death certificate with the Clerk of the Court in the county in which the person was a legal resident. This must be done within ten days after receiving information that the person is deceased. • When is a probate needed?

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A probate is the legal process of administering the estate of a decedent who dies with out a will, a living trust or who has not created a living trust.

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