Probate is the legal process that takes place after someone dies.
Probate is the legal process by which a person’s estate—almost everything owned by a person at their death—is distributed and disposed of. Whether the person did or did not have a will is irrelevant. Title of the assets or property in the estate is passed from one person—the one who recently died—to another person. States generally have probate courts that oversee the process.
The probate process is not without its issues. These can vary and generally arise due to certain family members disputing what is coming their way. As a simple example, if a recently deceased person gives more money to his younger child than the older child, it is possible that the older child may try to argue against that kind of distribution. Issues may also arise concerning the will structure or even regarding the competency of the person who created the will. So, it is important to make sure you thoroughly talk with your attorney when creating wills to try to avoid probate issues down the road.
Ultimately, the goal is to strive to have your desires met and make the probate process smooth for your loved ones. You want the least amount of money and time spent during probate. That is why you want to make sure you and your attorney properly discuss the probate process to make sure that happens.