Black's Law Dictionary Definition

Court procedure by which a will is proved to be valid or invalid; though its current usage this term has been expanded to generally refer to the legal process wherein the estate of a descendant is administered.

See also:  Estate Planning, Trusts, Wills


David Whipple has been practicing probate law for over 30 years. He has the experience you need to guide you through the difficult process of fulfilling the wishes of a loved one. Whether you are wanting to prepare for the future or have recently experienced a loss of a loved one, David Whipple can help you.

What is Probate?

Probate is a legal process in which assets of a deceased individual (a decedent) are handled. This can include ensuring the validity of wills, preparing an executor of an estate, finding all assets, paying estate taxes, identifying heirs, and distributing assets to those heirs. Probate can be time consuming and expensive, so being prepared early will help your loved ones in the future.

What Happens?

When a person dies without a valid will or an asset is not covered by a valid will, then probate must occur. This is managed through Probate Court and probate law dictates how the assets of a decedent are handled. These assets can include (but not limited to):

  • Bank accounts
  • Stocks/bonds
  • Estates
  • Items inside estates

When a decedent does leave a valid will, probate is still necessary. However, the will is what guides the probate to distribute the assets accordingly. Probate laws are there to ensure that the wishes of the decedent are followed.

The probate process is not meant to be quick or simple, but with a qualified lawyer the process can be smooth. Every situation is different and probate law is meant to be comprehensive to ensure everything is covered. Sometimes it is easier to try and avoid as much probate as possible. David Whipple can help you prepare for the future and get everything in place so your loved ones can avoid as much of the process as possible.

Contact David

If you have any questions regarding the probate process, please call David Whipple today. The Whipple Law Firm, P.C. has over 30 years of experience. Please use the contact form.

The material provided is intended for informational purposes only. It is not to be considered legal advice and not to be construed as legal representation.