Your Probate Guide

The probate process becomes confusing because only property “owned” by a Decedent “in the Decedent’s name” has to go through the probate process. However, if the Decedent co-owns property with one or more joint tenants, the Decedent’s share passes to the survivors without probate. If the Decedent owns an “undivided” share in the Decedent’s name as a “tenant in common” with one or more co-owners, the Decedent’s share will go through probate.

Because someone can “own” property in several different ways, normal people often cannot figure out what particular items need to go through the Court process and what particular items can be transferred to an heir or beneficiary without going to Court.

An “heir” is a person who is named by statute to inherit a person’s property if the person dies intestate (without a valid Will).

A “devisee” is a person named in a Will to inherit property.

A “beneficiary” is a person designated in a beneficiary form (e.g. IRA, Retirement Plan, Life Insurance) or in a living trust agreement to receive particular property.

I have created the following video to explain the different ways that a person can “own” his or her property and how each form of “ownership” changes what happens to the property after a person dies.

CLICK the link below to watch the video:

The word probate means “of proof” and more particularly “proof of Wills.”

The probate process is the set of rules and laws that govern how the Court will appoint someone to take control of the property owned by someone who has died.  Lawyers call the person who has died the “Decedent.”

The person who is appointed by the Court  to take control of a Decedent’s property is known by many labels, including Personal Representative, Executor, and Administrator.

In addition to picking who will take control of the Decedent’s property, the Court will also determine whether or not a person died with a validly signed Will.

If a person dies with a will, the person dies “testate,” and the Will will determine who receives the Decedent’s property at the end of the probate process.

If a person dies without a will, the person dies “intestate,” and state law will determine who receives the Decedent’s property at the end of the probate process.