Page 35 - Bereavement Guide Book

distributes the property to the heirs as the The duration varies with the size and
Will instructs. complexity of the estate, the difficulty in
locating any beneficiaries of the Will, if there
Typically, probate involves paperwork and is one, and under law. If there is a Will con-
court appearances by lawyers. The lawyers test, or anyone objects to any actions of the
and court fees are paid from estate property, Personal Representative, the process can take
which would otherwise go to the people who a long time. Some matters have taken decades
inherit the deceased person’s property. to resolve.

Probate usually works like this: After your Question #4 What is the probate
death, the person you named in your will as
estate trustee - or, if you die without a Will, process of an uncontested Will?
the person appointed by a judge files papers Typically the person names as the deceased’s
in the local probate court. Personal Representative (a more formal term
is “Executor” or “Executrix”) goes to an
The executor proves the validity of your Will attorney experienced in probate matters who
and presents court with lists of your property, then prepares a “Petition” for the court and
your debts, and who to inherit what you’ve takes it, along with the Will, and files it with
left. Then, relatives and creditors are officialy the probate court
notified of your death. .
The lawyer for the person seeking to have the
Question #2 Why is Probate nec- Will admitted to probate typically must notify
essary? all those who would have legally been
entitled to receive property if the deceased
The primary function of probate is transfer- died without a Will, plus all those named in
ring the title of the descendants property to the Will, and give them an opportunity to file
their heirs and / or beneficiaries. If there is no a formal objection to admitting the Will to
property to transfer, there is usually no need probate. A hearing on the probate petition is
for probate. typically scheduled several weeks to months
after the matter is filed. Depending on who
Another function of probate is to provide for the named beneficiaries are, how long before
the collection of any taxes due by reason of the death the Will was signed, whether
the deceased’s death or on the transfer of their the Will was prepared by an attorney, who
property. supervised the “execution” of the Will, and/
or whether the Will was executed with certain
The probate process also provides a mecha- affidavits.
nism for payment of outstanding debts and
taxes of the estate, for setting a deadline for If no objections are received, and everything
creditors to file claims (thus foreclosing any seems in order, the court approves the
old or unpaid creditors from haunting heirs petition, appoints the Personal Representa-
or beneficiaries) and for the distribution of tive, order that taxes and creditors be paid,
the remainder of the estate’s property to ones’ and requires the Personal Representative to
rightful heirs. file reports with the court to assure all the
deceased’s property is accounted for and
Question #3 How long does pro- distributed in accordance with ther terms and
bate take? conditions of the Will.

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