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FAQs / Probate Process / What is probate?

What is probate?

Many people have never heard the world probate, until they must deal with a death in the family. Probate, by definition, is the “official proving or establishment of validity of a Last Will and Testament left by a decedent, if the decedent had a Last Will and Testament.” In broader terms, probate is the court supervised process necessary to transfer or retitle assets held in the name of the decedent to the identified beneficiaries, either via a Last Will and Testament or intestate statutes.

The probate process provides a venue in which creditors can file claims for debts they are owed associated with the decedent, as well as a forum in which beneficiaries can work out any conflicts that may exist as to their inheritance. A common issue that is addressed during a probate proceeding is a Will contest for either undue influence or lack of testamentary capacity.

How Does Probate Work?

Once the person dies, the assets that they owned will become part of their estate with several exceptions. The probate court provides the final ruling on the division and distribution of assets to beneficiaries. The process of initiating probate involved the Petition of Administration and if there was a will and testament in effect. After, the court will issue Letters of Administration to the personal representative.

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Probate Process FAQs

  • Where is probate handled?
  • Do I need the original will?
  • Do I need to file tax returns for the estate?
  • Do I need to give notice to secured creditors?
  • How are estate creditors handled?
  • How does the probate process work?
  • How is the Internal Revenue Service (IRS) involved in the probate process?
  • Is there a small estate exception to probate?
  • My spouse died and left a will leaving his assets to me and my children. Do we have to probate the will?
  • The decedent owed me money. How do I file a claim against the estate?
  • Are probate records available on the internet?
  • How should I deal with the time and cost of probate?
  • Do life insurance or retirement benefits need to go through probate?
  • What is a formal probate?
  • What is ancillary probate?
  • What rights do surviving family members have in probate?
  • What should I do to prepare for seeing a probate attorney?
  • How can I plan to avoid or minimize probate?
  • How long will probate take?
  • How can an attorney assist me in the probate process?
  • Why Is It Important to Know the Names and Addresses of the Family Members and Relatives of the Deceased?
  • What is probate?
  • What are Letters of Administration in Probate?

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