Probate refers to the court-supervised proceedings to control the deceased’s property and transfer assets to the rightful heirs. The specifics of family probate vary from state to state. But the objective remains the same. It is to determine the heirs, validate the final will or determine heirs at law, and transfer the estate as per the grantor’s wishes and intentions or under state statute.
The crux of family probate is to transfer property ownership from the person who passed to the beneficiaries.
Even if someone leaves a final will, probate processes cannot be avoided. There are two common terms used when family probate is under consideration. Testate is a term for when the deceased leaves a will for the assets’ final settlement. Intestate is a term for when the deceased doesn’t leave any will behind.
The ultimate goal of probate processes revolves around figuring out the legal beneficiaries. It also focuses on claim handling, and deciding how much is to be transferred to whom under the supervision of the court.
Family Probate Processes
Whether there is a will or not, family probate processes will be needed if assets are stuck in the name of the dead person . In both cases, the process is time consuming. Therefore, it is best to draft a trust during estate planning among other things, to avoid the probate process and make the asset transferring process private.
Documentation
A probate process leads to the creation of many documents. An attorney can help you draft and provide these documents.
Filing A Petition
Filing a petition is a process of informing about the grantor’s death and requesting to begin the probate process. The interested party in the estate files the petition.
Proving the Will
A will is a valuable probate document. Proving the will requires the witnesses to testify to the will`s authenticity, since the will is not self-proving. Some areas the witnesses may testify about are the person’s sound-mindedness when he drafted the will or the will’s execution. These areas help determine the will’s validity.
Testamentary Letters
After the will is validated, the court appoints the estate administrator (known as the Personal Representative in Florida or Executor in other states). The Personal Representative will have to answer to the court for any mishandling of responsibilities.
Publications
Notification to creditors are mandatory during probate proceedings. This gives creditors a chance to collect. Speak more with an attorney on this issue. Visit our website and schedule an appointment for a free consultation.
Distribution of the Estate
Once required estate bills are paid, other obligations are met, and the court approves, the Personal Representative/Executor may distribute estate assets to the rightful heirs or beneficiaries
Key Take-Aways
If you are looking to speak with a trained family probate attorney, visit our website and schedule an appointment for a free consultation.