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102 What You Should Know About Probate

20th April 2010
By Ruel in Estate Planning
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Death is never easy to deal with and what to expect in probate will ease your worries and let you think only of your loved one dies. The definition of probate is the legal solution to the decedent's estate, also known as your heritage. When a death occurs, debts, property, possessions and money of the deceased will be treated lawfully and according to the wishes of the deceased. There are few cases of succession, when it is not necessary in case of death. If the person is married, in most cases without a legal will, all belonging to the deceased will be transferred to your spouse upon their death. If a will does not exist, the courts have to ensure that all property leave by the deceased is legally distributed.

If a will exists, the name of a person selected by the deceased as executor of the will. This is usually a relative or a lawyer. The executor is responsible for following the instructions written in the deceased's will and ensure that the succession process is followed as they wish.


When it comes to probating, the process will take place in what is known as probate. What happens during probate depends on where you live. However, the general aspects of probate court are as follows. The whole purpose of probate is to ensure that debts are paid and assets are properly transferred to your loved ones. On the death of a person, the executor is sworn in as such. All creditors, the public and the heirs are notified of the death. Then all the property inventoried and, finally, is the mass is distributed in an orderly manner.

It is important that you understand that there are some possessions or property cannot be presented to the courts. A good example is life insurance. If a beneficiary who is featured in the policy, then this will be transferred to the latter. The only time this will not happen to be if the designated beneficiary is also deceased and another beneficiary is not designated. Other types of assets and property that cannot be presented to the courts include anything that is paid to the beneficiaries after the death of his name. These cases do not require authentication because the deceased has appointed since these goods are to be introduced to.
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