Probate matters can feel overwhelming when families are already coping with loss and estate complexity. Our firm helps Warner Robins residents navigate probate administration, contested matters, and fiduciary disputes with clear steps and practical advice. We focus on timely communication, careful documentation, and realistic problem solving to protect estate assets and beneficiary rights. Whether a straightforward probate or a contested dispute, we provide steady guidance through each stage of the process.
Many local families encounter unexpected issues like creditor claims, unclear wills, or disagreements among heirs during probate. We work to identify risks early, explain options plainly, and pursue the approach that best preserves estate value while minimizing delay. Our approach balances legal strategy with efficient case management so matters move forward without unnecessary cost. Clients receive frequent updates and straightforward explanations so they can make informed decisions for themselves and their loved ones.
Proper handling of probate protects estate assets, honors the decedent’s wishes, and reduces the risk of costly disputes among heirs. Effective probate administration ensures timely creditor resolution, correct distribution of assets, and compliance with Georgia law, which prevents future litigation. In contested situations, thoughtful legal steps can preserve estate value and resolve conflicts through negotiation, mediation, or litigation when necessary. Taking a comprehensive and proactive approach to probate also helps executors fulfill fiduciary duties and avoid personal liability.
Peach State Probate focuses on probate administration, contested probate matters, and fiduciary litigation across Georgia, including Warner Robins and Houston County. Our attorneys bring practical courtroom and transactional experience in will contests, trust disputes, executor duties, and guardianship matters. We aim to provide efficient legal representation paired with clear client communication and attention to local court procedures. Clients choose our firm for a results-oriented, process-driven approach to resolving probate issues and protecting estate interests.
Probate is the legal process of validating a will, settling debts, and distributing assets when someone dies. The process involves filing documents with the probate court, inventorying estate assets, notifying creditors and beneficiaries, and closing the estate through a final accounting and distribution. Executors and administrators have legal duties to act in the estate’s best interest, and failure to follow required steps can expose them to liability or create delays. Knowing the steps, timelines, and documentation needed up front helps families avoid common pitfalls and move the estate to closure efficiently.
Not all matters are straightforward; contested wills, disputes over fiduciary conduct, or allegations of undue influence can complicate probate significantly. When disputes arise, parties may pursue negotiation, mediation, or litigation to resolve disagreements about validity of documents or distribution of assets. Alternative dispute resolution can often preserve relationships and reduce cost, but sometimes court intervention is necessary to protect rights and enforce duties. Our role is to evaluate the facts, recommend practical strategies, and pursue the appropriate forum to achieve a fair outcome for our clients.
Probate is the court-supervised process that confirms a decedent’s will and oversees distribution of estate property under state law. The court appoints an executor or administrator to manage estate affairs, ensure creditor claims are addressed, and distribute assets to heirs or beneficiaries. For estates without a valid will, intestacy rules determine heirs and the court still oversees administration to ensure lawful distribution. Probate also provides a structured way to resolve disputes and offers the public record necessary for title transfers and closing financial accounts.
Key elements of probate include filing a petition with the probate court, notifying interested parties, taking inventory of assets, paying valid debts and taxes, and distributing remaining property according to the will or intestacy laws. Executors must keep accurate records and provide accountings to the court and beneficiaries as required by Georgia statutes. Timelines vary by case complexity, but prompt action on notices and creditor claims helps avoid unnecessary complications. When litigation arises, additional steps such as discovery, motion practice, and hearings become part of the process.
A quick glossary of common probate terms to help you follow court filings and legal discussions. These definitions clarify roles, processes, and common legal concepts used throughout probate cases.
An executor or personal representative is the person appointed by the will or the court to manage estate administration and carry out the decedent’s final wishes. This role includes locating assets, paying creditors and taxes, and distributing property to beneficiaries under court supervision. The executor has fiduciary duties to act in the estate’s best interest and must keep accurate records and account for estate activity. If an executor fails to perform duties properly, beneficiaries may seek court intervention to enforce responsibilities or remove the executor.
Intestate succession governs how estate property is distributed when a person dies without a valid will and the court appoints an administrator to oversee distribution. State law determines heirs and their respective shares, typically prioritizing spouses, children, and other close relatives. The administrator must follow statutory rules and file required court inventories, creditor notices, and final accounting documents. Intestacy can lead to unintended distributions, which is why having a valid estate plan is important to control outcomes.
A will contest is a legal challenge to the validity of a will, asserting grounds such as lack of capacity, undue influence, fraud, or improper execution. When a contest is filed, the court evaluates evidence from both sides and may hold hearings to determine whether the will should be admitted to probate. Contest litigation involves discovery, witness testimony, and legal briefing, and it can significantly extend the probate timeline. Resolving a will contest often requires careful fact investigation and persuasive legal argument to protect the estate and beneficiaries.
Fiduciary litigation addresses disputes arising from alleged breaches of fiduciary duty by executors, trustees, or guardians who manage another person’s assets. These claims may involve mismanagement, self-dealing, failure to account, or conflicts of interest that harm the estate or trust beneficiaries. Courts can order removal of a fiduciary, monetary recovery, and corrective measures to restore assets and ensure proper administration. Early assessment and documentation are critical to resolving fiduciary disputes effectively and preserving estate value.
Some clients only need limited guidance, such as document review or a single court filing, while others require full-service representation throughout probate or litigation. Limited assistance can reduce legal costs for straightforward estates with cooperative beneficiaries, but it may not address complex disputes or contested probate matters. Full-service representation is appropriate when the estate faces creditor issues, contested wills, or allegations against fiduciaries, as it includes active court representation and comprehensive case management. Choosing the right level of service depends on the estate’s size, the clarity of the decedent’s wishes, and the likelihood of disputes among heirs.
Limited assistance is often sufficient for small estates with clear wills and cooperative beneficiaries who agree on distributions and priority of debts. In these cases, an attorney can guide the executor through filing required documents, preparing inventories, and completing routine court steps without ongoing full representation. This approach keeps costs down while ensuring procedural compliance and proper closure of the estate. When unexpected issues arise, the attorney can transition to fuller representation if necessary to address disputes or creditor claims.
When there is no will but the heirs are known and in agreement about distributions, limited assistance for an administrator can streamline the probate process. An attorney can prepare the court petition, advise on required notices, and help fill out inventories and accountings to meet court requirements. This targeted support helps avoid common mistakes without the expense of full-service litigation support. If conflicts emerge among heirs, the attorney can expand involvement to protect the administrator and the estate.
Comprehensive representation is necessary when a will or trust is contested, as litigation requires in-depth factual investigation, formal discovery, and courtroom advocacy. Complex contests often involve expert witnesses, detailed financial records, and multiple parties, all of which require coordinated legal strategy. Full-service counsel manages procedural deadlines, formulates litigation plans, and negotiates settlements when appropriate to protect client interests. Without dedicated representation, contested matters can result in unfavorable outcomes or unnecessary delays that erode estate assets.
Allegations of misconduct by a trustee or executor—such as self-dealing, failure to account, or improper transfers—often require full-service representation to pursue remedies or defend fiduciaries. These disputes typically involve subpoenas, forensic accounting, and motions to remove or surcharge a fiduciary, and they demand careful litigation preparation. Comprehensive counsel coordinates evidence collection, files timely motions, and advocates for preservation or restoration of estate assets. Acting promptly is essential to prevent further dissipation of estate funds and to secure a favorable resolution.
A comprehensive approach addresses all aspects of probate from initial filings through final distribution, reducing the chance of overlooked claims or procedural errors. This strategy preserves estate value, shortens overall resolution time when disputes are handled proactively, and provides a single point of contact for beneficiaries and courts. Full-service representation also ensures fiduciary duties are fulfilled correctly and that any disputes are handled with a unified legal plan. Comprehensive care is especially valuable in contested matters and complex estates where multiple legal and factual issues intersect.
Comprehensive representation also helps protect executors and trustees from personal liability by ensuring compliance with statutory duties and proper recordkeeping. It facilitates negotiation and alternative dispute resolution efforts when appropriate to limit cost and preserve relationships. For estates with business interests, complex assets, or potential creditor exposure, full-service counsel coordinates specialists and litigation strategy to safeguard outcomes. Ultimately, a thoughtful, thorough approach reduces risk and delivers more predictable results for heirs and beneficiaries.
By identifying and addressing creditor claims, tax obligations, and improper transfers early, a comprehensive approach helps prevent avoidable losses to the estate. Timely legal action and careful asset management reduce the risk that estate property will be dissipated before distribution. Where disputes arise, strategic litigation or negotiation can recover misappropriated assets and protect beneficiary interests. Protecting estate value ultimately leads to fairer distributions and reduces the likelihood of post-distribution litigation.
Comprehensive representation ensures that all statutory requirements are followed, filings are timely, and court expectations are met, which shortens the time spent in probate. Centralized case management and consistent legal oversight reduce procedural errors that can cause costly delays. When multiple issues overlap—such as trust disputes, guardianship concerns, or allegations of fraud—having one coordinated legal team prevents conflicting strategies and wasted expense. Clients benefit from clarity, accountability, and a focus on efficient resolution through every stage of the probate process.
Start by assembling the decedent’s will, trust documents, deeds, bank statements, and recent tax returns to provide a clear picture of estate assets. Early document collection speeds the inventory process and helps identify potential creditor issues or property needing immediate attention. Having organized records also simplifies accountings and court filings required by Georgia probate rules. Providing your attorney with complete documentation at the outset allows for more accurate planning and cost estimates.
Executors and trustees should maintain detailed records of decisions, asset transfers, expenses paid, and communications with beneficiaries to demonstrate proper administration. Good recordkeeping makes accounting easier and strengthens a fiduciary’s position if actions are questioned. Retain receipts, bank statements, and copies of filings to create an audit trail in case disputes arise. Clear documentation is one of the best defenses against allegations of mismanagement and supports prompt resolution of beneficiary inquiries.
Professional probate assistance reduces the risk of procedural mistakes, missed deadlines, and improper distributions that can expose executors to liability. Experienced counsel can evaluate whether a straightforward administration is appropriate or whether litigation or alternative dispute resolution is needed. Legal guidance is particularly valuable when estates include business interests, complex assets, or disputed beneficiary claims. The right support helps families focus on personal matters while ensuring the estate is handled lawfully and efficiently.
Engaging an attorney early can identify tax implications, creditor exposure, and potential challenges to the will that could affect available estate assets. Counsel can also facilitate communication among heirs, propose settlement strategies, and represent the estate at hearings to accelerate closure. In contested matters, legal representation levels the playing field and helps preserve evidence needed for court proceedings. Overall, professional involvement promotes fairness, compliance, and a more predictable outcome for all involved.
Probate assistance is often needed for estates with unclear or disputed wills, allegations of undue influence, complex asset holdings, or when executors need help fulfilling fiduciary duties. Other common triggers include creditor claims, property title issues, contested guardianship matters, and suspected fraudulent transfers. When family members disagree about distributions or when an executor is unsure of legal obligations, timely legal support can prevent escalation. Our firm handles these scenarios frequently and works to resolve them through practical legal solutions tailored to each case.
Disputes over the validity or interpretation of wills and trusts often require formal legal action to determine the decedent’s intent and correct distribution. These matters need careful fact development, witness testimony, and legal argument about capacity, undue influence, or improper execution. Prompt evaluation can identify the most appropriate resolution path, whether negotiation, mediation, or litigation. The stakes are high in contested cases, as outcomes directly affect beneficiaries and estate value.
Allegations that an executor or trustee has mismanaged assets, engaged in self-dealing, or failed to account require immediate attention to preserve estate property. Legal actions may seek removal of the fiduciary, restoration of assets, or monetary recovery for losses caused by misconduct. Courts take fiduciary duties seriously, and thorough documentation and prompt legal steps are often necessary to achieve corrective relief. Effective resolution often combines aggressive legal strategy with careful financial review.
When estates include businesses, real estate holdings, or retirement accounts with beneficiary designations, specialized legal and financial coordination is required. Handling complex assets involves valuation, potential estate tax considerations, and coordination with accountants or business advisors. Proper management protects enterprise value and enables orderly transfer or sale as required by the estate plan. Legal counseling ensures compliance with both probate procedures and business regulations to minimize interruption and loss.
We provide local probate representation and support tailored to Warner Robins and Houston County courts, offering clear guidance through every step of estate administration. Our team helps executors, trustees, and beneficiaries navigate filings, creditor issues, and contested matters with practical legal solutions.
Peach State Probate brings focused probate and fiduciary litigation services to families across Georgia, including Warner Robins and surrounding counties. Our attorneys are experienced with local probate court rules and work to deliver timely, well-documented representation that protects estate interests. We prioritize client communication and practical solutions, ensuring clients understand options and likely consequences at each step. Engaging counsel early helps prevent common mistakes and positions estates for efficient resolution.
We handle a wide range of probate issues, from simple administrations to complex contested matters involving trusts, guardianships, and allegations of fraud. Our team coordinates with financial professionals and uses thorough investigation and recordkeeping to support client positions in negotiation or court proceedings. We aim to resolve conflicts through negotiation and alternative dispute resolution when appropriate, while remaining prepared to litigate when necessary to protect rights. Clients receive individualized strategies designed to minimize delay and expense while achieving fair outcomes.
Throughout the process, we maintain careful attention to fiduciary duties, statutory deadlines, and court requirements to reduce personal exposure for executors and trustees. Our practice emphasizes documentation, transparent communication with beneficiaries, and proactive case management. Whether closing a straightforward estate or pursuing recovery in fiduciary disputes, our goal is to provide reliable representation and practical results. We are available to discuss your situation and recommend the right level of involvement based on complexity and risk.
We begin with a focused intake to understand the estate’s assets, the decedent’s documents, and any disputes or urgent issues that require immediate attention. From there we prepare and file the necessary court petitions, notify interested parties, and handle inventories and creditor notices according to Georgia law. Our team manages communications with beneficiaries, coordinates necessary valuations or appraisals, and provides accountings and final distribution proposals. When disputes arise, we evaluate settlement versus litigation options and pursue the path that best preserves estate value and client interests.
The first step is a comprehensive assessment of the decedent’s assets, documents, and potential liabilities to determine the appropriate probate path. We prepare and file the petition to open probate or administer the estate, identify and notify interested parties, and secure any necessary estate assets. Early filings establish court jurisdiction and timeline for creditor claims and beneficiary rights. This stage sets the foundation for orderly administration and potential dispute resolution.
We review wills, trusts, deeds, account statements, and beneficiary designations to compile an accurate inventory of estate assets. This review identifies assets that pass outside probate, potential claims, and any title issues requiring attention. Conducting a thorough inventory early avoids surprises later in the administration process and supports accurate accounting. Proper documentation also helps address creditor claims and reduces the risk of dispute among heirs.
After assembling required documents, we prepare and file the initial probate petition and related court forms necessary to appoint an executor or administrator. We ensure statutory notices are served to beneficiaries and known creditors to start the claims period and protect the estate. Compliance with court rules and deadlines at this stage is critical to avoid procedural defects that could delay administration. Accurate filing and timely notice also provide clarity to heirs and set expectations for next steps.
During administration we collect and manage estate assets, pay valid debts and taxes, and handle any necessary asset valuation or sales. The executor or administrator is responsible for maintaining detailed records and providing accountings to the court and beneficiaries as required. We assist with resolving creditor claims, negotiating disputes, and taking legal action if needed to protect the estate. Regular reporting and transparent communication help move the estate toward final distribution efficiently.
Executors must identify and respond to creditor claims within the statutory timeframes to prevent default judgments and protect estate assets. We evaluate the validity of claims, negotiate settlements where appropriate, and contest improper claims to avoid unjustified depletion of the estate. Proper handling of creditor claims ensures remaining assets are available for rightful beneficiaries. Timely action and careful documentation are essential to preserving estate value.
We advise on safeguarding property, maintaining insurance, and managing business or investment interests to prevent loss during the probate process. When asset sales are required, we coordinate appraisals, negotiate sales, and obtain court approval if necessary to ensure fair market value. Protecting and preserving assets reduces the risk of disputes and maximizes the value available for distribution. Effective asset management during administration is a key component of successful probate practice.
Once debts and taxes are addressed and court approvals obtained, the executor prepares the final accounting and distribution plan for the court to close the estate. We assist with preparing required filings, obtaining court approvals, and distributing assets to beneficiaries consistent with the will or intestacy rules. After final distributions are made and all obligations satisfied, we file the necessary documents to obtain a discharge and formally close the estate. Proper finalization protects the executor from future claims and brings closure to estate affairs.
The final accounting lists all receipts, disbursements, and distributions during administration and demonstrates compliance with fiduciary duties. We prepare and review the accounting for accuracy, address beneficiary questions, and seek the court’s approval for the proposed distributions. The court’s approval and the executor’s discharge provide legal certainty and limit future personal liability. Careful preparation at this stage ensures a clean closing and minimizes the chance of later litigation.
After obtaining necessary approvals, the executor carries out asset distributions, transfers titles, and completes tax filings as required by law. We assist with coordinating transfers, preparing deeds or account changes, and documenting the distributions to create a complete record for the estate file. Filing the closing documents with the court concludes the probate process and provides beneficiaries with finality. Proper closeout protects all parties and concludes the estate administration responsibly.
Probate in Georgia is the court-supervised process of proving a will, appointing a personal representative, and administering the decedent’s estate. The process includes filing a petition, notifying beneficiaries and creditors, inventorying assets, paying debts and taxes, and distributing remaining property under court oversight. The court ensures the executor satisfies fiduciary duties and that final distributions comply with law. Proper documentation and timely filings help avoid delays and potential claims. Georgia probate also includes specific procedural requirements that vary by county, such as local filing forms and timelines for creditor claims. An attorney familiar with local probate practice can help ensure compliance with these rules and guide the personal representative through each step. Early consultation helps identify whether a simplified process or full administration is required. Handling issues proactively can reduce the risk of disputes and speed estate closure.
Probate duration varies widely depending on estate complexity, creditor claims, and whether disputes arise among beneficiaries. Simple, uncontested estates may close in a few months, while complex or contested matters can take a year or longer. The timeline is influenced by asset types, required appraisals, tax matters, and court scheduling. Prompt action by the executor and timely responses to notices help keep the process moving. When litigation is involved, such as will contests or fiduciary disputes, timelines expand due to discovery, motions, and potential trials. Alternative dispute resolution can sometimes shorten resolution time but requires agreement by the parties. Working with counsel to anticipate issues and manage deadlines is essential for an efficient probate timeline. Clear communication with beneficiaries and creditors also reduces the chance of procedural setbacks.
Not every asset must pass through probate; assets with named beneficiaries or joint ownership often transfer outside probate. Examples include life insurance proceeds payable to a beneficiary, retirement accounts with designated beneficiaries, and property held in joint tenancy with rights of survivorship. However, probate may still be required to clear title to real property or to address estate debts and distributions when significant assets are involved. An early assessment determines which assets require court involvement and which can be transferred outside probate. Small estates with limited assets may qualify for simplified administration in Georgia, reducing time and cost compared to full probate. Even when probate can be avoided, legal guidance helps ensure transfers are handled correctly and that creditors’ rights are addressed. Consulting a probate attorney helps determine the best path based on the estate’s asset mix and potential liabilities. Proper planning and beneficiary designations can often avoid probate for certain assets.
An executor or personal representative has fiduciary duties to locate and protect assets, notify creditors and beneficiaries, pay valid debts and taxes, and distribute estate property according to the will or state law. The executor must keep accurate records, provide accountings when required by the court, and act impartially in the best interest of the estate and its beneficiaries. Failing to meet these duties can expose the executor to legal claims and personal liability. Executors should seek legal advice when complex issues or disputes arise to ensure compliance with statutory obligations. Proper communication and documentation are central to fulfilling executor responsibilities, including maintaining receipts, bank records, and written communications with beneficiaries. When an executor faces allegations or complex creditor claims, prompt legal support helps resolve issues and limit personal exposure. The court can remove or surcharge an executor who breaches duties, so acting carefully and transparently is essential. Legal counsel can also provide practical steps to meet deadlines and fulfill court expectations effectively.
A will can be contested on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution that fails to meet legal formalities. Contest litigation requires evidence, which may include medical records, witness testimony, and documents showing the circumstances under which the will was signed. Successful contests can lead to the will being declared invalid or parts being set aside, which changes how assets are distributed. Because contests can be costly and divisive, parties often consider mediation or settlement prior to prolonged litigation. Timing is important for will contests; Georgia imposes procedural deadlines for challenging probate filings, and missing those deadlines can forfeit claims. Early consultation with counsel helps evaluate the merits of a challenge and preserve necessary evidence. Where possible, efforts to negotiate a settlement can reduce expense and emotional strain while resolving disputes more quickly. However, when settlement is not possible, thorough litigation preparation is essential to protect client interests.
If you suspect fiduciary misconduct—such as misappropriation of assets, self-dealing, or failure to account—document concerns and gather any relevant financial records promptly. Immediate steps may include requesting accountings, obtaining bank statements, and preserving evidence of transactions that appear improper. Consulting an attorney early allows assessment of potential claims and the preparation of legal actions such as petitions for removal, surcharge, or recovery of assets if warranted. Acting swiftly helps prevent further dissipation of estate property and can improve the chances of recovery. Courts can order remedies including removal of the fiduciary, restoration of assets, and monetary damages for losses caused by misconduct. Alternative dispute resolution may resolve some disputes without prolonged litigation, but serious misconduct often requires court intervention. Engaging counsel experienced in fiduciary matters ensures appropriate procedural steps are taken and evidence is preserved. Protecting estate assets and beneficiaries’ rights is the priority when confronting suspected misconduct.
Yes, probate disputes can often be resolved through mediation or other forms of alternative dispute resolution, which can be faster and less costly than full litigation. Mediation invites the parties to negotiate a mutually acceptable settlement with the assistance of a neutral mediator who facilitates discussion and helps identify practical solutions. This approach can preserve family relationships and resolve disputes about distributions, accounting, or fiduciary conduct without the time and expense of a trial. Mediation outcomes are enforceable when reduced to a written agreement and approved by the court if necessary. However, mediation requires willingness from the parties to negotiate in good faith, and not all disputes are suitable for settlement. When parties are entrenched or when urgent court relief is needed to protect estate assets, litigation may be the appropriate path. Counsel can evaluate whether mediation is likely to succeed and recommend the best course based on the facts and the parties involved. Combining negotiation efforts with readiness to litigate often produces the best results for clients.
When someone dies without a valid will, Georgia’s intestacy laws determine how property will be distributed among surviving relatives, typically prioritizing spouses and children. The court appoints an administrator to manage the estate, and the administration process follows similar steps to probate with a will, including creditor notices and inventory of assets. Intestacy can create outcomes that differ from what the decedent might have intended, which can result in dispute among relatives. Early legal guidance helps identify heirs, manage creditor claims, and navigate the distribution process under statutory rules. Without a will, certain assets may still pass outside probate by beneficiary designation or joint ownership, but the probate court still oversees estate liabilities and any property requiring title transfer. Families may benefit from mediation to resolve disagreements over distributions, and legal counsel can help administrators fulfill duties and protect the estate from improper claims. Creating a valid estate plan is the best way to ensure your wishes are honored and to avoid intestacy complications for your loved ones. If intestacy has occurred, competent legal assistance helps ensure an orderly and lawful administration.
Creditors are paid through probate to the extent estate assets are available, and Georgia law sets procedures and timelines for filing and resolving creditor claims. The executor must identify creditors, publish notices when required, and evaluate the validity of claims to prevent unpaid debts from later creating liability for the estate or executor. Valid claims are paid from estate assets before distributions are made to beneficiaries, and improper claims can be contested in court. Proper handling of creditor claims protects estate value and ensures lawful distribution to heirs. Some debts may be satisfied outside probate if assets pass directly to beneficiaries or are held jointly, but outstanding obligations can still impact the estate’s ability to distribute property. Executors should consult counsel to evaluate claims, negotiate settlements, and defend against meritless demands. Timely, methodical action on creditor matters prevents defaults and preserves assets for rightful beneficiaries. Good recordkeeping and legal oversight are essential for fair resolution of creditor issues.
Probate costs vary by estate complexity, the need for litigation, court filing fees, and whether professional appraisals or accounting services are required. Simple administrations with cooperative beneficiaries will cost less than contested matters that involve discovery, expert witnesses, and courtroom proceedings. Legal fees may be charged hourly or as agreed upfront, and executors should discuss likely costs and billing practices with counsel at the outset. Understanding the anticipated scope of work helps families plan and avoid unexpected expenses. When disputes arise, costs increase significantly due to the time and resources required for formal litigation, but alternative dispute resolution can sometimes reduce fee exposure. Courts may award fees in certain circumstances, and fee arrangements can sometimes be negotiated to align incentives and control expense. We provide clear fee explanations and work to manage costs through efficient case management and early strategy decisions. Transparent billing and regular updates help clients monitor expenses throughout the probate process.