Probate is a process which the law provides for settling a decedent's estate and distributing the assets after the liabilities have been dispensed with to the beneficiaries. 

Frequently, the survivors of the decedent are concerned about financial matters and their own security.  For example if the decedent was the earning spouse, the stay at home spouse will most likely be concerned about how to pay the day to day bills.

These financial burdens may be alleviated by:

• Title to Joint Tenancy - Can be easily cleared; 
      
• Family Allowance - Consists of certain amount of decedent's property allocated for the support of the widow and children during the period of estate administration;
    
• Probate Homestead - Set apart by the probate court for the use of a surviving spouse and the minor children out of the common property, or out of the real estate belonging to the deceased;
    
• Surviving Spouse or Domestic Partner - Is eligible to collect a statutorily specified amount of employment compensation owed to the decedent through a speedy declaration process.

Generally, a personal representative is appointed by the Court to represent the estate.  The personal representative is called an Executor if there is a Will, an Administrator if there is no Will, and a Trustee if there is a Trust.  This individual?s duties include paying the debts of the decedent, pay all taxes due from the decedent's estate, and distribute the balance according to the Will and/or in accordance with the Trust or, if there is no Will and/or Trust, in accordance with the laws of intestate succession.