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Probate

What is Probate?


Probate is the Court Process of handling someone's Estate and distributing their assets. This can be done according to a Will (Testate) or without a Will (Intestate).


Why is Probate something you should avoid?


Generally, most people prefer to avoid this process because of the costs associated with it, the extra time involved, the Court involvement and oversight, and the tax issues that may arise. Due to the statutory rules, a Probated Estate, must notify creditors and stay open for a period of 6 months after publication before it can be closed. 


How can I avoid Probate?


Sometimes there is no way to avoid Probating an Estate. You should not be afraid of Probating an Estate as long as you have competent legal assistance during the process. The Probate process may be avoided by preparing the proper documents beforehand and reviewing those documents with your legal counsel on a regular basis.