Wills

What is probate?
Probate, as it pertains to wills, is any legal matter relating to enforcing or disputing a will of a deceased person. Upon death, the personal belongings of the deceased must be distributed and a will is a document created by the person prior to death that maps out the distribution. However, even with the wishes of the deceased individual mapped out, disputes can still arise that require settlement in a probate court, which is a court created specifically for resolving such matters.

How does the probate process work?
Once the will has been validated as official, a simple process is initiated:
  • All of the assets are collected, inventoried and appraised
  • The financial liabilities, debts and taxes, of the deceased are paid
  • Distribution of the estate is done according to the will
What is the distribution order?
  • Administration expenses and costs
  • Funeral expenses
  • Taxes and debts
  • Any other claim
  • Beneficiaries of the will
While probate procedures are very straightforward, it is not uncommon for beneficiaries to become involved in conflict over matters of the estate. In all probate matters, it is recommended that you seek professional legal assistance to protect your interests. A lawyer who has experience in this area of law can give legal advice that will assist you with the matter and will ensure that the judicial process is properly followed.