Page 29 - Direct Publishing - Bereavement Guide

• Identities and catalogues all property owned Question #3 How long does
by the deceased. probate take?
• Appraises the property, and pays all debts and
taxes The duration varies with the size and
• Proves that the Will is valid and legal, and complexity of the estate, the difficulty in
distributes the property to the heirs as the locating any beneficiaries of the Will, if there is
Will instructs. one, and under law. If there is a Will contest, or
anyone objects to any actions of the Personal
Typically, probate involves paperwork and Representative, the process can take a long
court appearances by lawyers. The lawyers and time. Some matters have taken decades to
court fees are paid from estate property, which resolve.
would otherwise go to the people who inherit
the deceased person’s property. Question #4 What is the probate
process of an uncontested WIll?
Probate usually works like this: After your
death, the person you named in your will as Typically the person names as the deceased’s
estate trustee - or, if you die without a Will, the Personal Representative (a more formal term is
person appointed by a judge files papers in the “Executor” or “Executrix”) goes to an attorney
local probate court. experienced in probate matters who then
Information Gathering In the event an estate requires probate, taxes prepares a “Petition” for the court and takes it,
will have to be paid. The executor proves the validity of your Will along with the Will, and files it with the probate
Upon death, one of the first things to do is to and presents court with lists of your property, court.
gather as much information as possible. It is Whether to spend your time and effort planning your debts, and who to inherit what you’ve left.
important to look for, and gather any Wills, to avoid probate depends on a number of Then, relatives and creditors are officialy The lawyer for the person seeking to have the
deeds, financial documents, notes and factors, most notably yur age, your health and notified of your death. Will admitted to probate typically must notify
insurance policies, etc., that the deceased may your wealth. For some people, a simple, Will all those who would have legally been entitled
have. As a starting point, the testator should may be all you need - adopting a complex Question #2 Why is probate necessary? to receive property if the deceased died without
consult the testators lawyer as it is generally probate avoidance plan now may mean you will a Will, plus all those named in the Will, and
good practice for original Wills to be kept at the have to re-do it as your life situation changes. The primary function of probate is transferring give them an opportunity to file a formal
lawyer’s office. Upon death, you may want to Similarly if you have very little property, the the title of the descendants property to their objection to admitting the Will to probate.
ask the lawyer to provide notarised copies of need to avoid probate may not be such an heirs and / or beneficiaries. If there is no
the deceased’s will. important consideration. Regardless, the more A hearing on the probate petition is typically

information you share with your advisors and property to transfer, there is usually no need for scheduled several weeks to months after the
Before estate matters can be pursued (ie. representatives, the more likely you are to have probate. matter is filed. Depending on who the named
Survivor-ship application transferring a house, an estate plan that best fits your needs. beneficiaries are, how long before the death the
or automobile, other legal matters), a copy of Another function of probate is to provide for Will was signed, whether the Will was prepared
the death certificate is also required. Please This guide is not intended to be a substitute for by an attorney, who supervised the “execution”
speak to the Funeral Home about obtaining specific individual tax, legal or estate the collection of any taxes due by reason of the of the Will, and/or whether the Will was
certified copies of the death certificate (as settlement advice, as certain of the described deceased’s death or on the transfer of their executed with certain affidavits. It may be
some agencies will not accept photocopies). considerations will not be the same for every property. necessary to bring in the persons who

Probate estate. Accordingly, where specific advice is The probate process also provides a mechanism witnessed the deceased’s signature on the Will.
necessary or appropriate, consultation with a
Common questions from a newly entrusted or competent professional is strongly for payment of outstanding debts and taxes of If no objections are received, and everything
seems in order, the court approves the petition,
appointed estate trustee are “Do we have to recommended. the estate, for setting a deadline for creditors to appoints the Personal Representative, order
Probate?” and “What is probate and why do we that taxes and creditors be paid, and requires
need it?” Probate is a rather formal procedure, Question #1 What is probate? file claims (thus foreclosing any old or unpaid the Personal Representative to file reports with
establishing the validity of a Will, and is not creditors from haunting heirs or beneficiaries) the court to assure all the deceased’s property is
cheap or quick. Fortunately, not all Wills need Probate is a legal process where your named and for the distribution of the remainder of the accounted for and distributed in accordance
to go through probate; such a determination estate trustee(s) goes before a court and does estate’s property to ones’ rightful heirs. with ther terms and conditions of the Will.
will be dependent upon a testator’s unique several things:
situation.

Page 28 | Peace and Tranquility Funeral Home Peace and Tranquility Funeral Home | Page 29