Dana Law Firm > Practice Areas > Probate

Probate

The process of reviewing your will and estate by the court is called Probate. The court will review the will to see whether it is authentic and consistent with state law. The courts will also make sure that all debts are settled, and that all taxes are paid. Once the will is validated and the personal representative can satisfy the courts that all claims have been paid, then he or she is free to pay out the balance of the estate to the beneficiaries in the will. Typically, the probate process takes from six months to a year. Heirs will not get their inheritance until the process is complete. There are also rules the court follows on who get your assets when there is no valid will. These rules are called the Laws of Intestacy. Generally, your spouse will get your probate estate outright, or share it with your children from a prior marriage. If there were no surviving spouse or children, your estate would be distributed to other family members, and if no family members then to the State where the property is located.

Our firm can assist with filing the necessary court documents to probate the will of a family member or loved one.