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Probate
Probate
Probate
Probate
is the the the process that transfers legal title of of property from the the the the estate of of the the the the person who has died (the “decedent”) to to their proper beneficiaries The term probate refers to to a a a a a a proving proving of of existence of of a a a a a a a valid will will or determining and “proving” who one’s legal heirs are if there is no will will Since the the the the deceased can’t take it it with them probate is the the the the process used to determine who gets their property Property left through a a a a a will usually must spend several months or or a a a a a a a year tied up in probate court before it it it can be be distributed to the people who inherit it it it Probate
is not cheap or quick Because probate requires court approval the process can tie up property for a a a a a a a a a a a year or or or more Estate lawyers who charge a a a a a a a a a a a a a flat fee percentage or or an an hourly rate usually handle probate A will is a a a a a a a a a a a a a a a a very personal document and and and may reveal private family and and and financial issues and and and concerns But once once it it is is entered into the court record it it becomes public and can be be inspected by anyone Question #1 What is probate?
Answer: Probate
is 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 to have the the will proven as valid and to to to to be be given the the the right to to to administer estate property and proves the the will Typically probate involves paperwork and if the will is challenged a a a a a a a a a a a a a court court appearance by lawyers The lawyer lawyer and court court fees are paid from the the the the estate property which would otherwise go to the the the the people who inherit the 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 Question #2 Why is probate necessary?
Answer: 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 Page 38 - BURQUITLAM FUNERAL HOME BURQUITLAM FUNERAL HOME - Page