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What is ‘probate’?

Probate is the process that transfers legal title of property from the estate of the person who has died (the "decedent") to his or her proper beneficiaries.

The term "probate" refers to a "proving" of the existence of a valid Will, or determining and "proving" who one's legal heirs are if there is no Will. Since the deceased can't take it with him, probate is the process used to determine who gets his or her property

Why is probate necessary?

The primary function of probate is transferring title of the decedent’s property to his heirs and/or beneficiaries. If there is no property to transfer, there is usually no need for probate.

Another function of probate is to provide for the collection of any taxes due by reason of the deceased's death or on the transfer of his or her property.

The probate process also provides a mechanism for payment of outstanding debts and taxes of the estate, for setting a deadline for creditors to file claims (thus foreclosing any old or unpaid creditors from haunting heirs or beneficiaries) and for the distribution of the remainder of the estate's property to ones' rightful heirs.

What is summary administration?

Summary administration is a procedure available to speed up the closing of an estate when further

court supervision of the administration of the estate is no longer necessary. It may be used for estates

with a will (testate) or without a will (intestate). The administration of the estate will be completed

without further court supervision in accordance with the deceased's will and applicable law.

When may a summary administration be filed?

A person administering an estate may file a motion for summary administration to close an estate not

less than 6 months after his or her appointment as administrator or executor of the estate. The estate of

the deceased must have been open for at least 6 months.