Probate Court
Candlefocus EditorThe probate court system can be complex and time consuming. It is handled through a court supervised administration process which includes many steps and must be followed as set forth by the state in which the deceased person lived.
In many cases, a probate court case can proceed with or without a will in hand. In some cases, however, presenting a will is necessary in order to move forward. When a will is not presented, the laws of the state of residence of the deceased will be used in determining how the deceased’s assets will be dispersed.
When a petition for probate is filed with the court, it includes the will, death certificate, and any applicable documents needed to identify those individuals entitled to a share of the deceased’s estate. The probate court judge determines the validity of the will and the estate’s assets. They will then issue a decree that appoints an executor who is in charge of the deceased person’s estate.
Once the executor of the estate is appointed, they must go through the process of inventorying the deceased’s estate, filing taxes as needed, and managing outstanding debts. The executor will also manage the distribution of the deceased’s assets to the heirs as instructed by the terms of the deed. Lastly, an accounting statement must be provided to the court for approval.
The probate court process is an important one for those left behind when a loved one passes away. It is important to understand this process before it is necessary to use it. A probate lawyer will be able to help navigate the court system and ensure that the deceased’s wishes are carried out correctly and efficiently.