What is Probate?Probate is the process by which legal title of property is transferred from the decedent's estate to his/her beneficiaries. The court will determine who will be the beneficiary depending upon whether the person dies with a will or with out a will.
How do the courts determine the question of Probate?If a person dies with a will, the probate court determines if the will is valid, hears any objections to the will, orders that creditors be paid and supervises the process to assure that property remaining is distributed in accordance with the terms and conditions of the will. If a person dies intestate or without a will, the probate court appoints a person to receive all claims against the estate, pay creditors, and then distribute all remaining property in accordance with the laws of the state.
What is the primary function of Probate? The primary function of probate is transferring title of the decedent’s property to his heirs and/or beneficiaries. Another function of probate is to provide for the collection of any taxes due by reason of the deceased's death or on the transfer of his or her property.
Why is Probate necessary?The probate process provides a mechanism for payment of outstanding debts and taxes of the estate, for setting a deadline for creditors to file claims (thus foreclosing any old or unpaid creditors from haunting heirs or beneficiaries), and for the distribution of the remainder of the estate's property to ones rightful heirs.
Who is responsible for handling the Probate process?The Personal Representative otherwise called the "executor" or "executrix" is appointed as part of the probate proceeding and has the responsibility for managing the estate through the proceeding, subject to established probate rules and procedures.
Do courts exercise any control over the Personal Representative?In many states, the probate court has a considerable amount of control over the activities of the Personal Representative, and requires that she or he obtain prior permission of the court before certain actions, such as the sale of real estate or business interests owned by the estate, may take place.
How long does Probate take?The duration of a probate varies with the size and complexity of the estate and the difficulty in locating the beneficiaries who would take under the will, if there is one. If there is a will contest, or anyone objects to any actions of the Personal Representative, the proceedings would be delayed further.
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