The first part of the probate process is to determine whether probate even needs to take place. Under certain circumstances the entire estate can be administered with the use of affidavits, which do not require court filings.
It must also be determined if there is a Will. Without a Will, the court will make decisions as to the administration of the estate. If there is a Will, the administration will take place in accordance with the terms and conditions of the Will.
Probate can be formal, informal, or a combination of the two. With a formal probate, there is judicial oversight over all aspects of the case. With an informal probate, the appropriate documents are prepared and filed without the need of court hearings.
If you need help probating a loved one’s estate, contact probate attorneys at Stephanie Flynn Law or call (402) 325-8469.