What is Probate?
Probate, Personal Representative, Executor, Administrator Every state has different requirements for probate. Generally, before a will can be accepted as genuine it is authenticated by a Probate Court. A Personal Representative (or Executor) is named by the Probate Court to administer the estate and a court order is issued identifying the person, persons or entity that has been appointed. For people who die intestate, without a will, an Administrator is typically appointed by the Probate Court to handle the tasks of evaluating the decedent’s assets and debts, paying creditors, and turning over the balance to heirs, who are determined according to state law. To determine whether an estate needs to go through probate, and what is required to complete the administration of the estate, consult an attorney or the decedent’s county or state Probate Court. You’ll find the Probate Court’s telephone number in the county or state government listings in your phone book or on the Internet. Questio
Probate is a legal process, which is undertaken after a person’s death where a Court supervises the transfer of assets from the deceased person to his or her heirs or named beneficiaries. Probate is designed to settle the decedent’s Last Will and Testament. If there is a Will, its validity is assessed by the Court through probate. If there is no will, an administrator is appointed to oversee the disbursement of assets.
Probate is the court-supervised process developed under California law which has as its goal the transfer of your assets at your death to the beneficiaries set forth in your will, and in the manner prescribed by your will. It also provides for the relatively quick determination of valid claims of any creditors who have claims against your assets at your death. At the beginning of a probate administration, a petition is filed with the court, usually by the person or institution named in your will as executor. After notice is given, and a hearing is held, your will is admitted to probate and an executor is appointed. If you die “intestate” (that is, without a will), your estate is still subject to probate court administration and the person appointed by the court to handle your estate is known as the “administrator.” If the assets in your name alone at your death do not include an interest in real estate and have a total value of less than $100,000, then generally the beneficiaries under
Probate is the court and process that looks after people who cannot make their own personal, health care and financial decisions. These people fall into three general categories: Minor Children (under age 18 in most states); Incapacitated Adults; and People who have died without legal arrangements to avoid probate. Probate proceedings in some states can be expensive and time-consuming. Additionally, the court proceeding and associated documents are all a matter of public record. Many people choose to avoid probate in order to save money, spare their heirs a legal hassle, and keep their personal affairs private.
