Probate Law refers to a legal process whereby a deceased person transfers his property to his heirs.
If the decedent left a will, the property is transferred pursuant to the will. The Probate Court oversees this process to make sure that the heirs receive the property they are entitled to receive. If the decedent died without a will, the Probate Court will appoint a relative to act as the Personal Representative and will oversee the process to make sure the decedent’s heirs inherit the property.
The process takes a year or longer. There is a lot of paperwork! Some Personal Representatives attempt to probate the estate themselves. While it is possible to do so, we recommend that you engage an attorney to make sure all documents are properly prepared, timely filed and accurate so that the probate goes smoothly and the heirs receive their inheritance as soon as possible.