Where is probate handled?
Probate is the process under which titled assets are disbursed to beneficiaries following the death of the owner. If the decedent has left a will, the probate process works to determine the authenticity of the will (i.e. that it meets all legal requirements, that the decedent was of sound mind when it was made, and that it is not a forgery). If the decedent has not left any will, the courts will appoint an executor to deal with the distribution of assets under their supervision. In the event that there is no executor and no will, the court will appoint their own estate administrator to deal with the disbursement of assets.
The probate process is generally handled in the area in which the deceased was a permanent resident at the time of death. This process is dealt with by the probate courts in the area in which the decedent permanently resided. These courts are sometime called Probate Courts or are sometimes probate divisions within a bigger court.
Probate is not necessary if the decedent had no titled or significant assets. If probate is necessary, it can take anything upwards of seven months. The time taken for the probate process to be completed depends upon a number of factors. Probate deals with a number of issues, including the repayment of any debts and taxes that were due by the decedent. These payments are made from the decedent’s estate, and therefore creditors are given a deadline by which they must make their claim for money owed. This can take at least six months. Additional time may be required to locate all beneficiaries of the will. And, if anyone decides to contest the will, even more time is added.
Probate is not always necessary, and if titled assets are in joint names and have contractual beneficiaries they will not go through probate. If there are no significant assets or titled possessions in the decedent’s will, again probate is not necessary.
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2008-04-07 12:21:18
Probate is the legal process of settling a deceased person's estate, which includes paying creditors or debts, and distributing the assets of the deceased to the correct beneficiaries. It is a complic ... [read more]