Frequently Asked Questions
What is Probate?
The legal process through which the estate of the Decedent is administered. This term is also called Estate Administration.
Will Probate Be Necessary?
Probate is required only if the Decedent owned assets in his or her name alone.
What County do I Administer an Estate?
Most estates are administered in the county where the Decedent passed.
What is a Decedent?
Decedent is the term used for the individual who has passed.
What is an Executor?
The Executor of an estate is named in the will of the Decedent. This person is responsible for filing all probate documents, locating all assets, and notifying all creditors of the Decedent’s death, along with all other aspects of estate administration.
What is an Administrator?
If the Decedent has no will in place, the law states that certain persons can apply with the clerk to administer the estate. Once the clerk approves the application, the Administrator will have the same duties as the Executor.
What is a Beneficiary?
A Beneficiary is anyone named in a will to receive assets. Again, if no will, the law dictates who the beneficiaries of the Decedent’s estate will be.