What is probate?

Probate is a legal procedure in Delaware that is used to handle cases in which someone has died leaving behind property, money, or other assets. Probate is the process of proving the validity of a will, or if a will is not present, the process of appointing someone who will take responsibility for distributing a deceased person’s property according to local laws. In Delaware, the Surrogate Court handles probate matters. In most cases, the executor or administrator of the estate is responsible for filing the necessary paperwork in the Surrogate Court. The court will then review the paperwork and grant the executor or administrator the authority to begin the process of distributing the estate according to the wishes of the deceased. The first step usually involves determining and paying any debts that the deceased incurred. After the debts are paid, any assets remaining, such as real estate, bank accounts, life insurance policies, and investments are divided up according to the will or, if a will is not present, according to the laws of the state. Finally, all remaining assets are then distributed to the beneficiaries.

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