Probate is the process often required to transfer ownership of assets after someone dies. This process may be required whether or not the deceased has a Will. Whether or not probate is necessary and, if so, the types of probate processes that are available depend on the circumstances of each individual case.
Probate can also take many forms depending on the decedent’s estate planning, assets, debts, and family dynamics. Some common probate options include Probate of Will, Heirship Determination (when there is no Will or the Will is lacking in some way), Muniment of Title, Small Estate Affidavit, and Affidavit of Heirship. The only way to obtain Letters Testamentary or Letters of Administration is with the help of a competent probate attorney through the court system.