Probate is a legal process that an estate goes through when a person dies without a legitimate will. The process seeks to determine how to distribute the decedent’s assets, primarily using a statutory scheme under the law of the state where the person lived. Probate is often a lengthy process and people often argue over the distribution of assets when there is no guidance from a will. Attorneys may represent beneficiaries in the process, and attempt to introduce evidence of the intent of the decedent, but without any way of formally determining the intent of the decedent with a will, the statutory scheme generally prevails.
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