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The probate court distributes a deceased person’s assets in accordance with their will or decides on distribution for those who die without one. It also handles disputes, validates wills, selects a personal representative, pays debts and taxes, and distributes remaining assets to beneficiaries. However, probate is not always necessary for small estates or those with trusts or co-owners.
The probate court is a place where a judge controls the distribution of a deceased person’s assets in accordance with the person’s will. Assets can include real estate, investments, bank accounts, and personal property. One of the primary functions of the court is to decide on any disputes relating to the validity of the deceased’s will, although the court also deals with the distribution of assets for people who die without a will. Additionally, a probate court typically hears any disagreements between individuals who claim to be entitled to a share of the deceased’s assets. The court also checks the payment of the deceased’s debts and authorizes property titles, such as investments or real estate, that were only in the name of the deceased.
During a typical probate proceeding, the deceased person’s will is validated and delivered to the court. The will can be validated by an affidavit from a witness at the signing of the will. Alternatively, wills are sometimes validated by witnesses who testify that the deceased was sane at the time the will was signed.
Subsequently, the probate court typically selects a personal representative to manage the estate of the deceased. If the will appoints a personal representative, the court usually deferred to the will. If the will does not specify a representative, the court may choose one. Most often, a surviving spouse, immediate family member, or adult child is selected to handle the affairs of the deceased. Sometimes a probate attorney, bank or trust company will act as your representative.
Once the representative has been chosen, the creditors of the deceased are notified. This notice specifies that creditors must bring any claims against the estate for the deceased’s outstanding debts. Additionally, any heirs or beneficiaries are notified that the will is in court. The personal representative then inventories all of the deceased’s assets and pays any outstanding debts, as well as any inheritance, gift or probate taxes owed. The probate court approves the accounting of the personal representative’s estate and the payment of outstanding debts or taxes, and the remaining estate is distributed to the beneficiaries of the will.
The distribution of a deceased person’s assets does not always take place under the supervision of a probate court. For example, if a deceased person leaves few assets behind, those assets are usually given to the rightful beneficiaries without the oversight of a probate court. If a person has set up a trust, the assets are distributed in accordance with the trust rather than under the supervision of an probate court. Probate is also not required if the deceased owned property with another person. In that case, the surviving co-owner usually inherits the property automatically.
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