What exactly
is probate? Probate is the process in which legal title to property is transferred from the
decedent's estate to his/her beneficiaries.
If a person dies with a will or ("testate"), the probate court may be asked to assess if the will is valid and hears any objections to the will. The judge could also order that creditors are paid and further supervises the process to assure that property remaining is delivered in accordance with the terms of the will.
If someone else passes away without a will or ("intestate"), the probate court appoints a person to get all claims against the estate, pay creditors and then distribute all remaining property as per the laws of the state. The primary distinction between dying testate and passing away intestate is that an intestate estate is distributed to recipients in accordance with the distribution plan created by state law; a testate estate (after payment of debts, taxes and costs of administration) is distributed in accordance with the instructions provided by the decedent in his/her will.
If a person dies with a will or ("testate"), the probate court may be asked to assess if the will is valid and hears any objections to the will. The judge could also order that creditors are paid and further supervises the process to assure that property remaining is delivered in accordance with the terms of the will.
If someone else passes away without a will or ("intestate"), the probate court appoints a person to get all claims against the estate, pay creditors and then distribute all remaining property as per the laws of the state. The primary distinction between dying testate and passing away intestate is that an intestate estate is distributed to recipients in accordance with the distribution plan created by state law; a testate estate (after payment of debts, taxes and costs of administration) is distributed in accordance with the instructions provided by the decedent in his/her will.
How does the probate process get started? There are many
different procedures available with the Probate Court so the process
depends
upon the circumstances and needs of the beneficiaries.
Certain
probate processes
may be somewhat
clear-cut,
whilst others may be
especially complex. Occasionally it is just a matter of filing an application or petition which often can happen rather quickly within a
few weeks. Other times it might be more difficult should there be complexities or arguments over property with the beneficiaries or
creditors. In general, the simplest estates could be probated within three months of registering the petition of probate. Should there
be any challenges, however, such as the will becoming contested by any of the heirs or property is owned in various states, probate may take between 6 months to two or more years.
Is probate required if somebody dies? Probate is not needed in all cases but it may be challenging or impossible to transfer certain assets of the deceased to the right beneficiaries without probate.
Is probate required if somebody dies? Probate is not needed in all cases but it may be challenging or impossible to transfer certain assets of the deceased to the right beneficiaries without probate.
