Probate is the process of dividing someone's assets after their death. When someone has a will, there is a three-step process:
Step 1: Start the Case
You have the choice of administering the estate informally (most common) or formally.
Learn More: How to Start an Informal Process
- Most common.
- Less supervision by the Court.
- Most people use this process when there are no disputes with:
The will; or
Who will be the Personal Representative.
Learn More: How to Start a Formal Process
- The Court will approve decisions to administer the estate.
- Often used when the will, or who will be the personal representative, is in dispute.
Step 2: Administer the Estate
The Personal Representative will work to divide the assets of the estate.
Learn More: What does the Personal Representative do?
Step 3: Close the Estate
Once the estate has been administered, the Personal Representative has two options:
- Close the Estate Informally
- Most common.
- Close the Estate Formally.
- Less common.
- Use this process with a supervised estate;
- The Personal Representative can request this process; or
- It can be ordered by the Court.
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