How do I file a petition in Probate Court. Can your Probate Attorneys help me? Probate is a legal process where the court oversees the dispersal of the assets and payment of any debts for the deceased person. Probate isn’t always needed when someone dies, but it’s required most of the time. Whether probate is necessary depends on state law, which can vary by state. Much of the time, the law allows for certain estates to bypass probate as long as they don’t exceed a certain dollar amount in value. Some states allow for informal probate, which means the executor of the estate takes care of most tasks without direct approval of the court. In other cases, an affidavit may be used in place of probate. For other estates, they must go through probate before the heirs can receive ownership of the assets. If all assets are part of a living trust, probate won’t be necessary. The same situation occurs if all the assets have listed beneficiaries. Anyone who is the executor of an estate or the personal representative can talk to an estate attorney to find out if their estate must go through probate. Contact Irvine Probate Law today!