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The probate process to outside the legal world seems to be a long, drawn-out and
expensive process for settling a deceased person's affairs. Many times the probate
may be fairly straightforward and not require an attorney. You may wish to have
a probate attorney review your case. This information is not legal advice and is
meant to to give you an overview of the process.
What is Probate?
The term probate means "to prove" the will through a proceeding that usually occurs
in court. However, a will does not always exist (or is not available) and laws are
established in each state to deal with the orderly distribution of assets to those
who are entitled to inherit them.
What is Involved in Settling an Estate?
Please go to the Executor page for a detailed description of the duties and
liabilities of the personal representative.
- What personal property and real estate (if
any) is owned by the deceased person.
- Pays any taxes or debts that the deceased
person may owe. (including costs of doing probate)
- Distribute all real and personal property
which remains to the rightful beneficiaries.
This property is said to be owned by the "estate" of the deceased person and must
remain so until the judge or other court-appointed person says it may be distributed.
However, it is often necessary to sell the property in order to satisfy the debts
of the estate to close the probate. If you have a property that you need to sell
please contact us for immediate assistance at 800-283-5901 ext 9002 or via the contact
page.
How Long Does It Take to Settle an Estate?
The entire probate process will differ from state to state and the size and complexity
of the "estate." In some states, small estates may even avoid a formal probate;
however the debts must still be paid. The minimum time an estate will likely be
open is probably from six months to a year, often more depending on the complexity
of the estate.
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