subject: What happens in Probate Court? [print this page] Author: Kevin Jones Author: Kevin Jones
Probate is a legal process whereby a court oversees the distribution of assets left by a deceased persons will. Assets are anything a person owns with value, such as real and personal property and cash, for instance. The will is "proved" and delivered to the court. The deceased persons will can be proved by an affidavit made under oath by the witnesses to the will. If such an affidavit is unavailable, the personal presence of the witnesses will be required in court to testify that at the time the will was signed, the deceased person was of sound mind and knew what he or she was doing. A personal representative is selected. A personal representative is someone who handles the deceased persons affairs. A will generally names a personal representative who, if willing to serve and otherwise qualified, will be approved by the court. If a person dies without a will, the court will select the personal representative, usually the spouse, an adult child or another close relative. If none of those people are available or willing to be the personal representative, the court may choose a bank, trust company or lawyer. A notice to creditors is published in a local newspaper. This public notice to creditors tells the creditors that they have four months to bring any claim against the estate for debts the deceased person owes them. The personal representative also gives written notice to all known and possible creditors. The decedent's estate is responsible for paying all expenses related to the probate process. Estate administrators are never responsible for expenses related to settling the estate. If the estate does not possess sufficient funds to pay outstanding debts, creditors cannot pursue the estate executor for payment. Probate personal representatives are entitled to compensation for duties performed. Each individual state regulates compensation paid to administrators. Probate administration fees can be paid hourly, as a flat fee, or as a percentage of the estate's value. Probation ends when the judgment (sentence) of the Court expires. The probation officer may request an early termination of probation supervision when the conditions of probation have been satisfied and the juvenile needs no further supervision. Probate can cost quite a bit, and it can be a very lengthy process. How long the probate process will take depends on many factors. This can include the size and detail of the estate, where it is taking place, whether there are any creditors involved, and whether there are any objections to the will. If there is no will, probate becomes even more complicated. The state must then decide who the beneficiaries will be and what they will receive. Not all assets must go through probate, though. There are some assets that are considered exempt, and assets that are in a living trust do not have to go through probate. If the court finds that a person violated probation, it means that they have not complied with the conditions set out by the court. The court can then impose the previously suspended sentence and place the defendant in jail or prison. It is very important to let your Public Defender know if the reason you were unable to comply was due to financial, substance abuse, or other issues, so that the court can consider the information and, hopefully, reinstate the term of probation.About the Author:
