PROBATE

Probate law is the process of transferring legal title to property from the decedent to the decedent's beneficiaries (if there is a will) or heirs (if there is not a will), under court supervision.

Even though there is no dispute between parties or creditors, a probate action may need to be filed.  For example, where assets were left out of the trust, a probate action is necessary in order to properly transfer title.  This can be done by a simplified probate procedure, depending on the value of the asset(s), type of property involved, and how title was held.  Some estates will require a full probate proceeding.