Probate is the court's process of passing assets from someone who has passed away to the intended beneficiaries. If the deceased person has a will, the court appoints the named "personal representative," which in other states is called an executor or administrator. That personal representative is tasked with notifying any creditors, marshalling assets, paying any taxes and debts owed, and distributing the estate according to the will's terms. Only assets which are in the sole name of someone who has passed away and do not have a beneficiary designation are subject to probate.
If the decedent does not have a will, the personal representative and beneficiaries will be the order of default in the law: legal spouse, then adult children, followed by parents, then siblings and so on. Probate proceedings are not only part of the public record but can be costly in terms of money and time, so many prefer to take steps to avoid probate by having their assets jointly titled, held in a trust, and other strategies about which Elizabeth can advise.
