What is Probate?
Probate is a process that occurs after someone dies. It is the act of proving that a will was signed and executed in accordance with the legal requirements as set out in the state where it was signed. It is through probate that property is legally transferred from the estate of a person, known as the "decedent", to the rightful beneficiary. To determine who the rightful beneficiary is will depend on whether the decedent had a valid will.
When a loved one passes away there are two questions a qualified probate attorney should ask. The first question a probate attorney should ask is whether they died with or without a will. The answer to this question will let the probate attorney know which process must be followed. Although many of the documents may be the same, it is a completely different process. The second question a probate attorney should ask is what are the assets of the estate. The answer to this question will let the probate attorney know whether probate is even necessary.
Because attorney, Joseph E. Ashmore, Jr. has 12 years of experience as a Probate Judge, we understand probate law from both sides and can ensure that the process goes smoothly.