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What is probate?

Probate is a crucial process that comes into play when executing a will. In this video, we will explain what probate is, how it works, and identify the types of assets that are typically involved.

Probate is the legal procedure through which the Register of Wills in the county where the deceased passed away approves the last will and testament and appoints the executor named in the will. This process ensures that the deceased’s final wishes are honored and that the estate is properly distributed.

Probate assets are specific assets that pass under the will. These are assets that are solely in the deceased's name, without any joint owners or designated beneficiaries. Common examples include individual bank accounts and real estate owned solely by the deceased. The classification of these assets as "probate assets" depends heavily on how they are titled.

Because the titling of assets is crucial in determining their status as probate assets, it is advisable to consult with an attorney before beginning the estate administration process. This consultation can help clarify whether certain assets are probate assets and whether there is a need to probate the will.

​For more information and personalized guidance, consider scheduling a consultation with our knowledgeable attorneys.

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