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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.
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.
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