Probate is one way that a person’s assets and property is distributed after he dies. If there is a valid will, the estate is transferred the way the individual outlined it in his will. If there is no will, state law specifies who receives the person’s property.
Yes. Going through probate is a complicated process. Someone may contest the will or the fact that you are an executor. Remember, an executor does not pay the probate attorney’s fees. The fees are paid by the estate.
The price differs depending on what happens after the filing and how complicated the legal work becomes.
Every probate process has two steps:
After a person dies, the named executor files paperwork to show the will is valid. The executor is sworn in as the deceased’s personal representative. A list of debts and property is also given to the court.
Generally, an estate is distributed in the following order:
All remaining claims refers to any money in the estate going to the beneficiaries and heirs.
In some jurisdictions, immediate family members can request the court give the money from the estate. This money is considered short-terms funds to financially support family members.
Attorneys charge by:
If you have legal questions about the probate process or estate planning generally, you should consult with an estate attorney. Your attorney will answers your question and guide you through the probate process to ensure that your legal rights are upheld.
Last Modified: 05-18-2015 05:22 PM PDTLaw Library Disclaimer
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