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Probate is a legal process that occurs once someone has passed away.  When a person dies with assets solely in their name upon their death, a probate estate must be opened in the county in which they resided in upon their death to properly distribute their estate to their heirs.

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When a person dies with a Last Will & Testament, the executor named in the will is responsible for initiating the probate process with the court.  If there is no Last Will & Testament, an administrator (which is usually a family member) applies to the court to be appointed to handle the decedent’s assets.  The executor or administrator will then review the decedent's assets, ensure all debts are paid, and distribute any remaining assets according to the Last Will & Testatment or interstate law.