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What Is Probate Law?

There exist many areas of law that address general and specific issues and matters. Some laws exist to respond to issues regarding a person’s properties and assets once he or she dies. This may include the disbursement of such assets according to a will that the deceased may have written. This area of law is referred to as probate law.

Probate is a legal process that involves the administering and distribution of a deceased individual’s estate based on the will that he or she had left. Probate attorneys handle this legal process, serving as a representative of the executor of the deceased’s estate. A probate attorney may also represent the heirs of an individual’s estate if no will was left behind. It is also possible for probate attorneys to serve as executor of a deceased’s estate.

Probate is a lengthy process that involves much administrative work. Probate attorneys are tasked with several responsibilities, some of which include filing the necessary legal documents and settling the estate as well as the debts of the deceased or the testator. Legal counsel may also be given to heirs who wish to contest or validate a will left by the deceased.

In the instance that a person dies without a will—this event categorizing the person as intestate—the properties and assets of the deceased person is still subject to probate. This means that a court of law will appoint an executor to the estate to disburse all properties and assets of the deceased.

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