Probate Will
Probate is the process of transferring legal title to property from a person who has died to that person’s heirs or
beneficiaries. The probate process is supervised by a court and can include paying any taxes or debts that are owing, gathering and accounting for assets, determining the validity of a will, settling disputes over who is to inherit and distributing assets. Andrew E. Bender, your voice.
Probate with a Will
If the deceased has left a valid will, probate may be made easier and shorter. The person named in the will as the executor will organize the legalities. That person will handle much of the probate process. This includes accounting for assets, paying debts and distributing the deceased’s assets to the people named in the will. If no executor is named in the will, the deceased’s relatives can appoint an executor, or the court can appoint one. The executor then submits the will to the probate court in deceased’s state, along with a petition asking the court to accept the will as valid. If the will is not disputed and the estate is not complicated, the probate process may take less than a year, depending on state law.
Probate with No Will
If the deceased has not left a will, probate may take much longer and be more complicated. The probate court will first appoint an administrator to act in place of an executor. The administrator will account for the deceased’s assets, pay outstanding debts and handle the legalities. However, because there is no will to stipulate who the beneficiaries will be, the court will then distribute any remaining assets according to state law. In most states, the priority is given to the deceased’s spouse, followed by the deceased’s children.