Probate is the process by which you prove that a person is deceased and who should be entitled to the deceased's property. Property from a decedent is distributed either according to a will (usually by letters testamentary) or by intestacy if there is no will (by letters of administration). Sometimes, a probate court procedure is required in order to clear title to property only (usually by a muniment of title.)

When someone dies without a will, documentation or court proceedings may be required to prove who owns the deceased's property. There are several mechanisms available to demonstrate the transfer, depending on the circumstances and the size of the deceased's estate. These procedures include heirship affidavits, small estate affidavits, a motion to determine heirship, and a motion to determine common law marriage. For more complex estates, or in a wrongful death / survivor action matter, a motion to appoint an administrator or personal representative of an estate may be necessary.

The skilled, experienced attorneys of Barrock & Barrock handle all aspects of probate and inheritance from start to finish. We are dedicated to providing the best possible services to obtain the best possible result given the facts and law in each situation.

For a free and confidential legal consultation, call (262) 783-7711 or email us.