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probate is a process whereby the court
directs assets after somebody passes
away a probate is going to be necessary
when somebody passes away and they
either own assets in their individual
name
without a joint owner or without a
beneficiary designation think about it
this way if an asset does not have a
beneficiary designation or a joint owner
it it doesn’t really know where to go
when the owner has passed away and so
what the probate process does is it
steps in and it says okay asset you need
to go to this person or to this person
either by virtue of the terms of
somebody’s will or
under the laws of intestacy which means
that somebody has passed away without a
will
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St. Paul, MN family law attorney Letty Van Ert explains what probate is. She explains that probate is the legal process by which a court directs the distribution of assets after someone passes away. Probate becomes necessary when a person owns assets in their individual name without a joint owner or designated beneficiary. In such cases, the asset has no automatic recipient upon the owner’s death. The probate process steps in to determine where the asset should go—either according to the terms of the decedent’s will or, if there is no will, under the laws of intestacy.
