Probate is a court-supervised proceeding that takes place after someone dies with property in his or her name where one of the following scenarios apply:
- the deceased person had only a will,
- the deceased person did not have a living trust, and/or
- summary proceedings are unavailable.
Probate is typically handled by attorneys that are familiar with the probate process and involves the filing of a great deal of paperwork with the court. Before the persons who inherit the deceased person’s estate receive their inheritance, the lawyer’s fees and court fees are paid from estate property.