Intestate: When someone passes away without a Will.
Testate: When someone passes away with a Will.
What Kind of Probate Will You Need… Intestate or Testate?
Passing away with or without a will may determine what kind of probate you may need. There is informal probate and formal probate. Informal probate may be necessary when there is a Will, and no one is contesting it. Formal probate may be necessary when there is no Will or when someone is contesting the Will.
There are additional requirements as well. For example, the original Will must be filed with the court. If there is only a copy of the Will, the court will handle it as an intestate probate and will use the intestacy statute to determine who is going to inherit.
This is why it’s very important to meet with an attorney to learn more about the type of probate that may need to be opened. Schedule a Probate Advisory meeting to learn more about how one of our experienced attorneys can help you with the probate process!