What Is Probate Court?
Probate is a legal process in which a court oversees the management of someone’s property when they pass away. Generally, the court will appoint someone to take control of the deceased person’s assets to make sure that all debts are properly paid, and distribute the remaining property to the proper beneficiaries.
The Probate Process
The probate process starts when a petition for probate is filed in Probate court. If there is a will, then a copy of the will must also be filed (unless it has already been filed in one of the states allowing filing prior to death). The Probate court will appoint what’s called a Personal Representative to represent the estate. The Personal Representative is responsible for handling the administration of the estate, including:
Opening an estate bank account
Arranging for publication of legal notices in a newspaper
Determining the validity of claims by creditors and paying them (especially the funeral costs and final medical bills)
Sending notices to beneficiaries
Selling assets if necessary
Filing court documents
Filing a final tax return for the deceased person
Transferring assets to the beneficiaries.
Usually, the Personal Representative will hire an attorney to help with these tasks.
Probating An Estate With a Will
When someone passes away with a Will, the assets are distributed to the people or organizations named in the Will. If someone contests the validity of the will, the Probate court will decide the matter.
Probating An Estate Without a Will
When a person passes away without a will, the property is distributed to the deceased person’s relatives. Probate courts use a certain formula called the Law of Intestate Succession to determine which relatives get the assets of an estate. Each state uses a different formula to make these determinations.
Avoiding Probate
Probate can be a very frustrating, expensive, ugly process for everyone involved. The Law Office of Stevaughn J. Bush, Esq. offers experienced Probate guidance to our clients. If you need assistance navigating Probate court, please fill out the form below and our office will reach out promptly.
