Testate Estate

One common misconception in estate planning is that a Will avoids probate. This is not the determining factor. If a decedent dies with a valid Will, he or she is said to have died “testate”. The executor(s) named in the Will presents the Will to the probate court which determins if the Will is valid, hears any objections to the Will and supervises the process to assure that property remaining (after the payment of any debts, taxes, claims and costs of administration) is distributed to the beneficiaries in accordance with the terms and conditions of the Will.