What is Probate?

Probate is, ... "the legal process of establishing the validity of a will and settling an estate."

Probate - A legal process whereby (1) a judge determines whether or not the decedent's will is valid; (2) a personal representative is appointed to (a) collect the decedent's assets in his or her probate estate, (b) pay the decedent's legal debts, and (c) distribute the remaining assets in the decedent's probate estate to the individuals or entities entitled to the assets in accordance with the will or laws of intestacy; and (3) the court approves the transfer of the decedent's assets to the individuals and entities designated in the will or the laws of intestacy. The probate court will also determine the rights, if any, of a spouse and children to the decedent's property.

See also, definition of "Probate" at dictionary.law.com

Under the law, a legal proceeding is usually required to settle and dispose of a decedent's estate. In the case of a person who dies testate, this legal proceeding is known as "probate," which in the formal sense means the court proceeding whereby the due execution of the decedent's will is proved and an appropriate person (who usually is named in the will) is placed in office to administer the estate. This person historically has been referred to as an "executor." When a person dies intestate (without a will), a petition for administration of the estate is filed, and the probate court appoints a qualified person to administer the estate. This person historically has been called an "administrator." (The terms "executor" and "administrator" are still used sometimes, but the generic term "personal representative" has now come into favor, and is used in a general sense to refer to both administrators and executors.)

The court proceedings are carried out in the probate court of the county of the decedent's domicile at the time of death.

In Georgia and Tennessee, the probate process is relatively painless and inexpensive (a few hundred dollars). The probate process serves several functions, including the termination of creditor claims. It should be considered in every situation where a person dies still owning property in his or her own name.

Georgia:

• Georgia Probate Court Information System
• Duties of Personal Representatives (Georgia)
• Heirs Determination Worksheet (Georgia Probate Judges)

Tennessee:

• Forms List, Hamiton County, TN
• Will Contest forms & procedures, Hamilton COunty, TN
• Potential Heirs Chart, TN
• Probate Forms, Shelby County, TN

© 2004, Law Office of David L. McGuffey, LLC

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