Probate is the judicial process of recognizing a person’s death and distributing their assets or estate. It is here that a person’s Will (if they have one) is scrutinized and enacted by the court. If you have failed to leave a Will, the State’s intestacy scheme will determine how your assets are distributed. During the probate process, the court grants the estate’s Executor/Executrix with the ability to carry out the Will’s or the State’s distribution, through the process of Estate Administration.
Beneficiaries and/or potential beneficiaries may intervene in the probate process through a Will Contest or Probate Litigation. This is the process by which a beneficiary may seek to invalidate your Will or attempt to determine proper heirship to your estate. Typical reasons to perform a Will Contest include suspicions that the Will derived by way of product of undue influence, duress, or fraud.