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What is “probate”?

Probate is the procedure that transfers legal title of property from the estate of the person who has died to the proper beneficiaries.

It is referring to “proving" of the existence of a legally binding Will, or determining and "showing" who the legal heirs are if there is no Will. Probate is the process used to decide who gets the property.

Is probate necessary?

The key purpose of probate is reassigning title of the decedent’s property to the proper beneficiaries. Probate only occurs when there is property that needs transferring, otherwise, probate is not necessary .

This process also provides a means for payment of unresolved debts and taxes of the estate. Hence, there by distribution of the remainder of the estate's property to ones' rightful heirs.

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