Overview
Probate is the legal process of getting court authority to transfer property of a person after death. To start a probate case, a petition or application must be filed with the court and a personal representative must be appointed by a court order. The personal representative is responsible for the following:
- Collection, inventory, and appraisal of assets of the person who has died.
- Protection of the estate's assets.
- Payment of the debts of the person who has died.
- Distribution of the remaining assets to the proper parties as provided by law.
There are two types of probate – Formal and Informal.
- Informal probate - An informal application can be filed to ask the court to appoint a personal representative without a hearing in front of a judge in situations that are less complicated.
- Formal probate - A formal petition can be filed to ask the court to appoint a personal representative with a hearing in front of a judge in situations that may be more complicated.