The process of reviewing your will and estate by the court is called Probate. Probate is the process by which legal title of property is transferred from the decedent’s estate to his/her beneficiaries. If a person dies with a Will ("testate"), the probate court determines if the Will is valid, hears any objections to it, orders that creditors be paid and supervises the process to assure that property remaining is distributed in accordance with the terms and conditions of the Will. Once the will is validated and the personal representative can satisfy the courts that all claims have been paid, the personal representative is free to pay out the balance of the estate to the beneficiaries in the will. If a person dies without a Will ("intestate"), the probate court appoints a person to receive all claims against the estate, pay creditors and then distributes all remaining property in accordance with the laws of the state. The typical cost to probate an estate is steep. The probate process normally takes from six months to a year. Heirs will receive no inheritance until the process is complete. A major reason that many clients chose to have a revocable living trust is avoid the cost and time consuming process of probate. Before opening a formal probate, the Law Office of Raymond A. Kenney, PLLC attempts to determine whether title to non-trust assets can be transferred by alternative means. Contact us at (623) 234-3536 To speak to Ray Kenney. - Read more