Probate

Probate is the legal process that happens if a person dies with assets in their name as an individual, with no co-owner or beneficiary.  Having a will does NOT avoid probate.  The court oversees the steps required to identify the deceased person’s assets, debts, and heirs, and the final distribution of the assets.  If the person had a valid Will, the instructions in the Will are followed to distribute the inheritance.  If there was no valid Will, state law will determine who inherits.