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Frequently Asked Questions
What is probate?
Probate is legal term for the administration of a decedent’s estate in court. Probate is also the
division of the court that manages decedent’s estate cases, adult guardianship cases and minor
guardianship cases.
What does the administration of a decedent’s estate entail?
The representative of the decedent’s estate will file a petition seeking appointment by the probate
court. Once appointed, the representative is then responsible for collecting the decedent’s assets,
paying any claims and distributing the balance of the estate to the decedent’s heirs and/or legatees.
How long does the probate process take?
It varies depending on the amount of the estate’s assets, creditors and what kind of assets are
included in the estate, but most probate estates can be completely administered and closed in
about one (1) year.
When is it necessary to open a decedent’s estate?
Whenever someone dies and the value of their estate exceeds $100,000.00 and/or includes real
estate (although there may be an exception for real estate).
Is a probate estate still necessary if my loved one had a Last Will and Testament?
Yes, the Last Will and Testament must be filed with the court. The Last Will and Testament dictates
how the decedent’s estate is to be ultimately distributed, but a probate court must still appoint an
executor who then has authority to carry out the direction in the will (this is called administering
the estate).