what is probate

what is probate

1 year ago 57
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Probate is a legal process that occurs after a person has died, and it involves the analysis and transfer administration of estate assets previously owned by the deceased person. The probate court reviews the assets of the deceased person and determines inheritors. The process of probate is completed when a decedent leaves assets to distribute, such as bank accounts, real estate, and financial investments. The basic job of administration and accounting for assets must be done whether the estate is handled by an executor in probate or whether probate is avoided because all assets were transferred to a living trust during lifetime or jointly owned.

Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the beneficiaries. The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims, and distributing the deceased persons property under a will. A probate court decides the legal validity of a testators (deceased persons) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary.

Probate proceedings typically focus on the existence, authenticity, and validity of a will. Probate can be initiated with or without a will. A proceeding is usually essential when a deceased person’s remaining estate is of high value, even when there is a will. Individuals can avoid exorbitant probate costs and complexities by having an easily authenticated will or using investment vehicles that do not require probate.

In summary, probate is a legal process that occurs after a person has died, and it involves the analysis and transfer administration of estate assets previously owned by the deceased person. The probate court reviews the assets of the deceased person and determines inheritors. The process of probate is completed when a decedent leaves assets to distribute, such as bank accounts, real estate, and financial investments. The probate court decides the legal validity of a testators will and grants its approval, also known as granting probate, to the executor.

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