answersLogoWhite

0

Probate is a legal term and a process. The term refers to the actions by a court to prove what the final wishes of a decedent are and who their legal heirs are. The process is the administration and distributing of the estate left behind by a person with no written instructions or will.

Going through the court probate system is time taking and expensive, which is why persons attempt to avoid probate by having a clear and valid will drawn up by an attorney. The probate court can appoint an executor of a will who then acts as a personal representative for that estate. They determine what the interests of any heirs or other concerned parties are, and whether their claims against an estate are valid and lawful.

Certain probate procedures must be followed when an estate passes into that court’s jurisdiction. There needs to be a published legal notification for creditors and other interested parties to see. Trustees require instruction before distributing assets. Certain property in certain states must be handled separately from other property. Any pending lawsuits must be dealt with. Sometimes real estate must be sold and taxes paid. A large estate may have estate taxes levied against it. Other items just need to be transferred to another person from estate assets.

If there is a will, or if the estate involves holdings of community property, different rules apply. This is why it is important to retain the services of an estate attorney to wade through probate issues. Being caught up in the probate process can delay transfer of assets to rightful heirs. Some property may end up in probate court; other property may not, depending on existing contracts, trusts and other directives.

It is generally accepted that due to the long court probate process and expense involved with going through probate, using legal instruments to avoid probate is better. For this, use an attorney to set up living trusts, wills and other ways to avoid probate estate processing. When a person dies without a will, no one knows what their wishes are for distributing the estate and arguments and unnecessary expenses will follow their death.

User Avatar

Wiki User

12y ago

What else can I help you with?

Related Questions

How do you find a will not for probate?

Don't understand the question. ALL wills must be filed for Probate. If they aren't, then the property passed on by the will has not been inherited legally.


How do you read the will of a decedent?

Once a will has been filed for probate it becomes a public record. If the will was filed for probate you can visit the probate court, request the file and read the will. If the will was not probated then you have no right to read it and will need to ask someone in possession of the will for permission.


Do you need a wills and probate expert?

To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.


What is the difference between probate assets and non-probate assets?

Probate assets are part of a deceased person's estate that go through the probate process, while non-probate assets pass directly to beneficiaries outside of probate. Probate assets include property solely owned by the deceased, while non-probate assets include assets with designated beneficiaries or joint ownership.


Can a beneficiary ask what an estate is worth?

Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.


Mom passed away without will the condo was in your and her name does it have to go to probate?

Probate in your state may have a monetary limit in order to require probate. A local probate attorney can answer your question.


What kind of court administers wills?

Probate Court.


When was Court of Probate created?

Court of Probate was created in 1857.


When did Court of Probate end?

Court of Probate ended in 1875.


How do you go to probate with a will?

were can i download a form to send to the probate registra


Where can you order a probate form?

A great resource for finding individual U.S. State probate forms can be found at http://www.uslegalforms.com/probate/


Is it possible to file probate without a lawyer in the state of Florida?

No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated