Probate refers to the legal process of settling the estate of a deceased person, and, more specifically, resolving any and all claims regarding the distribution of the property of the deceased. An experienced Probate Attorney can expedite your case.

These probate forms are often quite complicated and difficult to fill out. The probate lawyer will know how to fill them out and more importantly, know what areas of the probate form are important to your particular case.

In states that recgonize the property of married couple's as community property, after a person has died without a valid will or trust (this is referred to as "intestate"), his or her property immediately becomes the property of the spouse, if any, without the need for probate.  However, in the event that the surviving spouse does not automatically succeed to the decedent's property, it is usually necessary to "probate the estate", whether the deceased had a valid will or not. A court having jurisdiction of the decedent's estate, usually called the "probate court," supervises probate, in order to ensure that the property of the deceased is distributed according to the direction of his or her will and according to the laws of the state.

If a person dies with a Will ("testate"), the probate court determines if the Will is valid, hears any objections to the Will, orders that creditors be paid and supervises the process to assure that property remaining is distributed in accordance with the terms and conditions of the Will.The primary difference between dying testate and dying intestate is in the division of property and assets.  An intestate estate is distributed to beneficiaries in accordance with the distribution plan established by the law of the particular state.  A testate estate, following the payment of debts, taxes and costs of administration, is distributed in accordance with the instructions provided by the decedent in his/her Will.

The cost to probate an estate is usually within the range of 3% to 7% of the total estate value.

"Probate will" is the process by which legal title of property is transferred from the decedent's estate to his/her beneficiaries. The cost of a probate will is either set by state law or by practice and custom in your community.