Probate: What Is It All About?

Probate can be treated as a four-letter word. Common misconceptions include the state taking all of your loved one’s property, losing money in the process, and losing property in the process. While it can be a good thing to avoid probate for a loved one’s estate, probate is sometimes seen as a mysterious process giving rise to stress and misunderstanding. So what is it all about?

What is Probate? Probate is the court process that allows a loved one’s estate – whether real estate, titled personal property (bank accounts, cars, boats, trailers, etc.), and non-titled property (guns, jewelry, tools, furniture etc.) – to pass to the heirs, whether named in a will or designated in a statute.

I have a loved one’s will. Do I need probate? Despite what some may think, a will does not avoid probate. A will is a document that shows what a loved one’s wishes are for his or her property. The will must still be probated in order to effectively operate to pass the property on as the loved one wished.



What if my loved one didn’t have a will? If there is no will, the property still gets probated. Unlike a will, which may say non-family members or charities get certain property, if your loved one had no will, statutes say who gets the property and the court is bound by the statute.

What should I expect in probate? Probate is a legal process through court that takes some time and is meant to make sure a loved one’s property goes to the right people. In probate, creditors of the loved one, such as a hospital or credit card company, are given a chance to make a claim in the estate. The process typically lasts over 6 months. Once the probate estate is finalized and ready to distribute, the court will review the distribution and order the property to go where it needs to go, and order the estate be closed.

If you have questions about probate or need a probate lawyer, please contact Breeze Westhoff LC.