Upon death, a will provides the instructions to the probate court and to the family as to who the individual wants to nominate as their personal representative, and how they would like their estate to be distributed. So, how does one actually probate a will? First, the probate court provides supervision over all matters in which somebody is administering a probate estate. Probate estates may include two kinds of of estates: an intestate estate, in which the individual died without a will, and a testate estate, in which the individual had a will.

Testacy

Although the process is fairly similar in both cases, there are a few procedural differences that arise from the presence, or lack of, a will. If the estate is a testate estate, then the will provides guidance as to who is nominated as the personal representative and how the asset(s) will be distributed.

Intestacy

If it is an intestate estate, meaning there is no will to follow instructions from, the court follows a particular pecking order within the statute to identify who has the highest priority of appointment, and then identifies, under the laws of intestacy, how the estate will be distributed. These laws of intestacy dictate what a member receives, and how much they receive by the level of relationship that they have with the late individual.

Hiring the Right Probate Lawyer

In this procedure, the importance of probating a will lies in the direct relationship between the late individual and the distribution of their assets, rather than leaving the governing of the assets to the court. When you are probating a will, you are going through the probate process. It is vital in this process to choose a probate lawyer that is knowledgeable, experienced, and skilled in order to ease frustrations and stress of probating a will. Choose the right lawyer. Choose the Probate Pro. Call our firm at (877) YOUR-FIRM and we’ll start to work with you on probating that will.