Page 28 - Shaughnessey Banks

without a a a a a a will the the person appointed by a a a a a a a judge files papers in in the the the local probate court court The executor proves the the the validity of your your your will and and presents the the court court with lists of your your your property your your your debts and and who to inherit what you’ve left Then relatives and creditors are officially notified of of your death Question #2 Why is probate necessary?
The primary function of of probate is transferring the the the title of of the the the descendant’s property property to to their heirs and/or beneficiaries If there there is is no no property property to to transfer there there is is usually no no need for probate Another function of of probate is to provide for the the the the collection of of of any taxes due by reason of of of the the the the deceased’s death or or on on on the the the the transfer of of their property The probate process also provides a a a a a a a a a mechanism for payment of of outstanding debts and and taxes of of the estate for for for setting a a a a a a a a deadline for for for creditors creditors to to to file claims (thus foreclosing any old or or or or or or unpaid creditors creditors from haunting heirs or or or or beneficiaries) and for the the the distribution of of the the the remainder of of the the the estate`s property to ones’ rightful heirs Question #3 How long does probate take?
The duration varies with the the the size and complexity of of the the the the estate the the the the difficulty in in locating any beneficiaries of of the the the the will if if there is one and under law If there is a a a a a will contest or anyone objects to any any actions of the the the Personal Representative the the process can take a a a a a a a long time Question #4 What is the probate process of an uncontested will?
Typically the the person named as as the the deceased’s Personal Representative (a more formal term is “Executor” or or or or or Executrix”) goes to to to an attorney experienced in probate matters who then prepares a a a a a a a a “petition” for the the the court and and takes it it it it it along with with the the the the Will and and files it it it it with with the the probate court The lawyer for the the person seeking the the will admitted to probate typically must notify all all all those who would have legally been entitled to receive property deceased deceased if the the the deceased deceased died without a a a a a a will will plus all those named in the the the will will and give them an an opportunity to file a a a a a formal objection
Page 28 - SHAUGHNESSEY BANKS FUNERAL HOME SHAUGHNESSEY BANKS FUNERAL HOME - Page