Law Offices of Kevin M. Gilhool

There is a lot of confusion as to what exactly probate is.  Many people erroneously believe that the existence of a Last Will & Testament avoids the need for probate.  Assets pass on death pursuant to joint ownership rules, beneficiary designations, the terms of a funded revocable trust and lastly via probate court.  Which way assets pass depends upon how they are titled.  Probate is the court process by which assets that are titled in the decedent’s name alone are transferred to the beneficiaries of the estate.  In addition to transferring title of assets to beneficiaries, creditors of the estate are paid in the probate process.  We can file the documentation with the court to open an estate and administer it.  If you have a trust in place that has been funded, our firm can assist with wrapping up the administration of the trust including filing the final paperwork with the court and the distribution of assets to the trust beneficiaries.