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Probate is the legal process through which the assets and estate of a deceased person are administered and distributed under the supervision of a court. The primary purposes of probate include ensuring that the deceased person's debts are paid and that the remaining assets are distributed to the rightful beneficiaries or heirs according to either the deceased person's will or state law (if there is no valid will).
Probate ensures assets are distributed according to the deceased's wishes (if there's a will) or state law (if there's no will) and that debts are paid.
The court appoints an executor (if there is a will) or an administrator (if there is no will or no executor named) to manage the estate's affairs. This person is responsible for carrying out the wishes of the deceased as outlined in the will or according to state laws.
Duties typically include:
Generally, probate can take anywhere from several months to multiple years, with the average falling between six months to one year for a straightforward estate. However, it's essential to note that each situation is unique, and timelines can vary widely based on the factors mentioned above. Executors and beneficiaries should stay informed and work closely with legal professionals to navigate probate as efficiently as possible while complying with legal requirements.
Every situation is unique so we start with a short conversation that helps us do our research then we meet with the family to review the options available and answer any questions. When everyone has decided on the right option for the estate we will go to work and execute the strategy we agreed to.
Qualification of an Executor or Administrator is not always required. Depending on assets, it is sometimes necessary for someone to be able to do business on behalf of the estate, ie. Pay claims, sell assets, distribute to beneficiaries. However, some assets can be transferred without qualification. For Example: assets owned jointly with another, Benefits or policies with a named beneficiary or payable on death benefits do not require qualification.
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