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Probate is a legal process for the orderly transference of property when the owner of that property dies. Its purpose is to ensure the interests of all involved are protected, beneficiaries, heirs, creditors, and taxing authorities alike. Each probate situation is unique, and the time to settle an estate will vary.
Many people believe that by having a Will, they will avoid Probate. While a Will may make probate easier, there still must be probate of those items titled solely in the decendent's name. The Will tells the court which people should be entitled to the decedent's estate, and probate passes title to those people.
There are several important Estate Planning practices which will assist in ensuring the minimum amount possible needs to go through Probate.