Probate

“Probate” is a form of litigation to determine who is entitled to the property of a deceased person. If there is a Last Will and Testament, probate is initiated with a petition or application to have the Will admitted to probate. If there is no Will, the probate will be “intestate”.  Probate can be formal or informal.  Most of the time engaging an attorney is either necessary or extremely advisable in probate. The Court will appoint a Personal Representative, which is the modern word for “Executor”. If the estate is very small, many jurisdictions permit a quick and inexpensive probate by Small Estate Affidavit.