![]() What is “estate administration”?Įstate administration is a process for handling a person’s assets and debts after that person’s death. Probate is another word for estate administration, which is sometimes called “the probate process.” Probate or probating the will also refers to the process by which a court determines that a “purported” will is actually the final will and testament of the decedent and is legally valid to pass title to property. The term “probate” has two primary meanings. ![]() A will has no legal effect until it is probated by a court (usually the clerk of superior court). Some wills are not valid because they lack the legal requirements of a valid will. Wills are most commonly typed documents created by lawyers, but in some circumstances wills may be valid when handwritten (and in rare cases may be made through verbal directions). ![]() What is a “will” or a “last will and testament”?Ī “will” (also known as a “last will and testament”) is an instrument created during a person’s life that determines who inherits that person’s property after he or she dies. Estates may be small or large and may or may not include land. An “estate” is all of the money and other property owned by a person at death. What is a “decedent” and an “estate”?Ī “decedent” is a person who has died. However, in many situations, a representative for the deceased person must be appointed by court to collect the deceased person’s assets, pay the deceased person’s valid debts, and distribute the deceased person’s property to the proper persons. When someone dies, some or all of the deceased person’s property may transfer directly to others because of legal arrangements made by the deceased person before death. What happens to my loved one’s property and debts?
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