A common question among those who have relatives that passed away is: when do you actually need a probate attorney? Such a question can only be answered by probate lawyers who are well-versed with probate laws since probate laws vary from state to state. If you intend to hire a lawyer, here is some basic info you need to know.
Probate is the transfer of person's assets after they die simply put. It is the legal process of distributing the assets and estate of a deceased person. This includes resolving all issues of probate property like taxes, insurance, title, and paying creditors for any outstanding money owed by the deceased. Probate is usually only applied to large estates or significant sums of money. Since all states have different laws regarding this, assets eligible for probate varies from state to state, country to country. You need to check for specific probate laws in your region for more accurate information.
Interpretation of the will and appointment of an executor is done by the probate court. The one responsible for administering the distribution of assets is called executor. Probate determines the validity of claims levied on the estate through the heirs, beneficiaries, taxes and debts.
There are only five reasons why you have to go through this process when making a claim on the deceased's estate or proving you're the rightful heir.
1. Probate court is necessary if the will is deemed invalid for one of these reasons:
Improper Execution - not legibly written or not notarized.
Mental Incompetence - the deceased person was not mentally competent when they made up the will so their decisions could be questioned.
Undue Influence - the deceased was under duress when he or she wrote up the will.
2. If the deceased left no will at all, a probate is required by law. The probate court will be the appointed executor of the deceased's assets and properties, its administration and distribution, including transferring the title of probate property.
3. Properties/assets solely owned by the deceased is put into probate. When there are no designates to it, the properties/assets are probated in order to transfer it from the name of the deceased to the name of the beneficiary.
4. Assets owned as a Tenant in Common or in Joint Tenancy is put into probate as required by law. This means that properties/assets owned jointly by the deceased and another person is put into court in order for the legal heirs of the deceased to get their share of the property.
5. If there are no designated heirs/beneficiaries or all the heirs/beneficiaries have predeceased the decedent, a probate is mandated by law. Life insurance policies, retirement funds or certain bank accounts usually have beneficiaries. But if all the named beneficiaries have died already or if the deceased didn't name any beneficiary at all, a probate is needed to transfer the money or title to the other legal beneficiary/ies.
Probate is the transfer of person's assets after they die simply put. It is the legal process of distributing the assets and estate of a deceased person. This includes resolving all issues of probate property like taxes, insurance, title, and paying creditors for any outstanding money owed by the deceased. Probate is usually only applied to large estates or significant sums of money. Since all states have different laws regarding this, assets eligible for probate varies from state to state, country to country. You need to check for specific probate laws in your region for more accurate information.
Interpretation of the will and appointment of an executor is done by the probate court. The one responsible for administering the distribution of assets is called executor. Probate determines the validity of claims levied on the estate through the heirs, beneficiaries, taxes and debts.
There are only five reasons why you have to go through this process when making a claim on the deceased's estate or proving you're the rightful heir.
1. Probate court is necessary if the will is deemed invalid for one of these reasons:
Improper Execution - not legibly written or not notarized.
Mental Incompetence - the deceased person was not mentally competent when they made up the will so their decisions could be questioned.
Undue Influence - the deceased was under duress when he or she wrote up the will.
2. If the deceased left no will at all, a probate is required by law. The probate court will be the appointed executor of the deceased's assets and properties, its administration and distribution, including transferring the title of probate property.
3. Properties/assets solely owned by the deceased is put into probate. When there are no designates to it, the properties/assets are probated in order to transfer it from the name of the deceased to the name of the beneficiary.
4. Assets owned as a Tenant in Common or in Joint Tenancy is put into probate as required by law. This means that properties/assets owned jointly by the deceased and another person is put into court in order for the legal heirs of the deceased to get their share of the property.
5. If there are no designated heirs/beneficiaries or all the heirs/beneficiaries have predeceased the decedent, a probate is mandated by law. Life insurance policies, retirement funds or certain bank accounts usually have beneficiaries. But if all the named beneficiaries have died already or if the deceased didn't name any beneficiary at all, a probate is needed to transfer the money or title to the other legal beneficiary/ies.
About the Author:
For an estate planning lawyer irvine with experience click here. For more information on this topic visit this site-http://probateattorney.inorangecountyca.net/.. Also published at Top Reasons For Needing a Probate Lawyer.
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