EDENHOFER LAW OFFICES, S.C. HAS BEEN HELPING KENOSHA COUNTY RESIDENTS FOR OVER 25 YEARS THROUGH THE DIFFICULTY OF ADMINISTERING THE ESTATE OF A LOVED ONE.  LET US HELP YOU.

What is probate?

Probate is the process of administering a person’s estate under court supervision.  Usually, if a person has assets in their name alone that exceed the value of $50,000.00 these will need to be a probate.  This is true whether a person has a will or not.

When a person dies with a will they are known to die testate.  When a person does without a will they are known to die intestate.

When a person dies with a will, the will shall control who receives the deceased assets in most cases.  When a person dies without a will the intestacy statutes control who is likely to receive the decedent’s assets.

What is the difference between Formal Probate and Informal Probate?

There is a formal probate and informal probate.  Formal probate is usually required when the decedent left minor children, the validity of the will is challenged or individuals are contesting the will or distribution of the estate assets.  Formal probate requires court appearance and judicial supervision of the administration of the estate.  Formal probate is usually costly and time consuming.

Informal probate usually occurs when all heirs are adults, there are no contests or challenges to the will (if there is a will) and all the interested persons (usually heirs) are cooperative.  Informal probate is usually less expensive and less time consuming.

Contact us for your probate matters.

The information obtained from this site is not intended to be legal advice. You should consult an attorney for individual advice specifically regarding your legal matter.