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What The Probate Process Involves

You will note that a probate will often be the initial process in the administration of the estate of a deceased person. It aims at resolving all pending issues and the distribution of the property that has been left behind by a deceased. This will often be a process that seeks to prove that the will that was left behind by a person is actually valid. You will find that there are a number of aspects that attention is paid to in this process. It is actually necessary that we explore the entire process of a probate.

There will always be the filing of a petition. This is purposed to serve as a notice to the heirs and even beneficiaries. This will usually include the publication of legal notices. This will in most cases be published in a local newspaper. The willingness to probate and even appoint an executor will have to be expressed. This will take place if there is a will in place. In case there is no will, there will have to be the appointment of an administrator. It will be upon this chosen representative to ensure that all creditors to this estate are duly notified. This notice will often have to be written. A creditor that has a claim to stake in this estate will have to do so within a given period of time. It is important that the inventory of this estate be taken. This will often include all property and even stocks. You are free to appoint an appraiser to value all these properties.

It is necessary that you understand that all expenses relating to the funeral, taxes and even debts will have to be paid from the estate. The representative that has been appointed will be tasked with the verification of the legitimacy of these claims. You will find that there are instances where part of the estate will have to be sold so as to cover a number of debts that were being owed by the deceased. It is important that you keep in mind that the beneficiaries as well as heirs to the estate will only be settled once creditors have been paid. This must be made clear right from the start.

The assets will then be transferred to all heirs and legatees. This will be done according to how the deceased indicated in his will. You will be forced to go with intestate rules in case there is no will. A trust will occasionally be created in case minors are involved. Upon the completion of this whole process, you will note that new deeds will have to be drawn for all the heirs.

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