Probate Law

The legal process of settling the estate of a deceased person and distributing the decedent's property is known as probate. Probate is executed by a will. The will usually names an executor, who is the person tasked with carrying out the instructions laid out in the will. The executor's most common task is marshalling the decedent's assets throughout the probate process. If there is no will, or if the will does not name an executor, the probate court, or any other court having jurisdiction over the decedent's estate, supervises the probate process to ensure the decedent's property is distributed according to the direction of his or her will and the laws of the state. If no will exists, the court will distribute the property of the state according to the laws of intestacy which dictate that particular blood relatives are entitled to a particular share of the decedent's estate.