Probate: Simplified And Explained With 3 Main Moves

Few people spend any time at all thinking about the probate process until it becomes necessary. The term "probate" itself sounds quite intimidating, and most people will just throw up their hands and let the estate attorney handle it. While the estate attorney is certainly perfectly capable of taking care of the probating of the will, knowledge about the process can be greatly beneficial, and the process is actually pretty simple for most estates. Read on to learn about the probate process in 3 main moves.

1. File the will: If a will exists, it must be filed in the probate court of your local county. Before you head to the courthouse, however, be sure to gather family members and friends for a reading. From a reading of the will, you will be able to learn the name of the executor (or personal representative). This named individual will be responsible for ensuring that the will is probated, that the wishes of the deceased are followed, and that the estate is administered during the probate process. With the filing of the will in probate court, also comes the publishing of a notice to potential creditors that may have an interest in the estate. The notice gives them a limited amount of time to come forward with any claims.

2. Inventory the estate: While the will wends its way through probate, the estate must be inventoried and the inventory filed with the probate court before a final ruling is made. The executor is charged with making a list of all property and its value, including real estate, vehicles, personal belongings, boats, jewelry, banking and savings accounts, stocks, retirement accounts and even pets. If necessary, a professional real estate appraiser must be hired to value the home. Other miscellaneous tasks during this time period include paying the bills of the estate, doing needed maintenance on the home, getting the home ready to sell, and more.

3. Distribute the property: Once the probate process is complete, the executor is charged with ensuring that all beneficiaries take possession of their inheritances. For real estate transfers, a quit claim deed will need to be accomplished and the new owners will need to present a death certificate and a copy of the will. For vehicle transfers, the title will be converted to the new owners. Other property can simply be given to the named beneficiaries.

To learn more about the probate process, speak to an estate attorney like Seiler & Parker PC.


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