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Thus it it generally is a a a a a a a very good idea to to work with an an an estate attorney who can be that impartial outside voice and guide you through the process Wills trusts probate administration with no will social security veterans benefits benefits insurance benefits benefits claims of dependants and and and creditors probate court requirements income and and and estate taxes and and and other issues may quickly become overwhelming soon after a a a a a a a a a a death Sorting and settling all the details may be be confusing because many of the terms are unfamiliar This guide is is not intended to be a a a a a substitute for specific individual tax legal or or estate settlement advice which can vary based on circumstances and laws Accordingly where specific advice is necessary or or appropriate consultation with a a a a a a a a competent professional is is strongly recommended Most of of all keep in in mind that while it it it is is important important to take care of of all of of these activities it’s more important important to move at at a a a a a a a a pace that is comfortable for for you you during your grieving process Important Documents
Locate as as many of the following documents as as possible: wills trusts deeds bank statements and account details stock certificates DD-214 i if deceased was a a a a a a a a a a veteran Social Security Number vehicle titles retirement account statements and insurance policies Death Certificates
Before the the business and legal issues of the the estate can be be pursued it will be be necessary to obtain certified copies of the the death certificate You can order them from from us here at at the the the funeral home or or directly from from the the the County Registrar in your area It is is always better to order a a a a a a a a few more than what you you you think you you will need – in in our experience most families start with five and order more if i i needed Many agencies will only accept certified death certificates and not photocopies Frequently Asked Questions
What is is probate?
Probate is is a a a a a a a a legal process where your named executor goes before a a a a a a a a a court to to to have the the will proven as valid and to to to to be be given the the right to to administer estate property
Typically probate involves paperwork and court appearances by a a a a a a a a a a a lawyer lawyer who must be hired to represent the the estate estate The lawyer lawyer and court fees are paid from the the the the estate estate property
which would otherwise go to the the the the people who inherit the the the deceased person’s property
Probate usually works in in the the following manner: after your your death the the person you you you you named in in your your will will as executor – or or if you you you you die without a a a a a a a a will 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 the validity of your your will and presents the the the court court with the the the value of your your property
If your assets are in a a a a a a trust the probate process can be avoided entirely Why is probate necessary?
The primary function of of probate is transferring title of of the the the decedent’s property
to to their heirs and/or beneficiaries If there there is is no no property
to to transfer there there is is usually no no need for probate The probate process also provides a a a a a a mechanism for for for setting a a a a a a a a a a deadline for for for dependents and creates a a a a a a a a a timeframe for for for the the the distribution of of the the the remainder of of the the the estate’s property
to one’s’ rightful heirs What is is involved in in in in administering an estate?
Your executor has many duties including:
• Identifying and creating an an an inventory of all property
owned by the deceased • • Locating heirs or interested parties
• • Determining how all all the the assets are titled
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