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Affordable Attorney Now
Disclaimer...Legal
information is not legal advice. This site provides
general legal information, not the application of law to a
particular individual or situation. This site is is
not responsible for any errors or omissions. All
information in this site is provided "as is,"
with no guarantee of accuracy, timeliness, completeness or
of the results obtained from the use of this information.
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Probate and Wills
Probate is the process in which a court
authenticates a deceased person's will and directs the
distribution of that person's assets (estate) to the
people named in the will. Probate can last anywhere
from 6 months to 3 years, with the average length being
about a year and a half, and it can be very trying and
very expensive, which is why many people try to avoid it.
The person named as the executor or executrix in the will
manages the distribution of the estate under the
supervision of the court (and usually hires an attorney to
do most of the work). If no executor or executrix is
named in the will, or if that person cannot carry out the
required duties, then the court will appoint an
administrator of the estate.
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There are very specific rules involved in
probate, which is why an
attorney is often needed. Relatives of the
deceased must be notified of the probate proceedings and a
court date must be set. Here the executor or
executrix must prove that the will being presented is
valid and legal. If the court determines that it is,
then probate continues. The executor or executrix is
then responsible for gathering the deceased person's
assets and having them appraised. This is when
creditors, whom the executor or executrix has notified,
may file claims against the estate. Owed taxes,
attorney fees, the executor's or executrix's fees, funeral
expenses, as well as the creditors' claims, must all be
paid before the remaining assets, if there are any, are
distributed to the beneficiaries of the will Find
out about handwritten wills. Home |
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Disclaimer...Legal
information is not legal advice. This site provides
general legal information, not the application of law to a
particular individual or situation. This site is is
not responsible for any errors or omissions. All
information in this site is provided "as is,"
with no guarantee of accuracy, timeliness, completeness or
of the results obtained from the use of this information.
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