Learning About Probate Courts

Functions of Probate Courts

Functions of Probate Courts

The function of the Probate Court is to oversee assets of the deceased and correctly submit in writing the proceeding during disbursal . The court holds one of two hearings to determine the distribution of any assets and it can be civil in front of a registrar or a judge.

The probate has many steps to follow for the appropriate proceedings to be implemented and the estate property divided. A notice with a time limit, known as a legal advertisement, has to be listed for four weeks in the county legal newspaper where the deceased lived. The probate court then takes into account the terms of either a will or of the heirs overall. They decide who is going to be the executor of the estate and make sure that the will is legal. Depending on the case, a bond may be issued to the executor to see that the property is handed out according to law. The attorney sees that all of the debt is handled and a list is drawn up of all of the assets. Then, legally the property or values are given to the heirs.

A common belief is that a will ensures that the beneficiaries can bypass probate court. This is not always true as the value of the property comes into the picture as well as the additional names on the property need to be handled through probate. The length of this process varies and terminates when all legal assets are distributed and the case officially closed by the state.

Having A Will and a Probate Attorney is Useful

With everyone in today's society being busy with day to day activities, having a living will or seeing a probate attorney is usually not very high up on your daily list. The fact is that no one lives forever and not having a will drawn up before you become sick is the easiest way to pass stressors onto spouses or relatives in the event of death.

When a loved one passes away, the will is handled through the probate court and the executor placed in charge of the assets of the deceased. There are many reasons that are beneficial for a living will to be drawn up, so that the family can sort these things out easily during their time of mourning .

Researching a excellent attorney or using the probate office of the state in your county is the best way to do this legally. The probate knows what to document and how to word everything so that the desires of the assets are handled correctly. Personal research is necessary, as you want an attorney who is well with communication so that if a problem arises any time with management, branch, or terms you will be notified in a timely manner.

You do not want the distribution of assets to be a stress on those who are here after you. There are numerous stories of people not completing or updating living wills as often as they need to and these wind up being contested in some way, making it upsetting on everyone involved.

When writing a will you should do it yourself, and make it official through the probate court. You must show division of the assets and clarify that all previous wills are no longer usable. You must list your heirs with full names, sign the will and have at least two witnesses in order for it to be valid.

by: Steven Kang

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