Frequently Asked Questions
Probate is the legal process of settling a deceased person’s estate, including validating their will, paying debts, and distributing assets to heirs or beneficiaries. The court oversees this process to ensure it follows state laws and the Decedent’s wishes.
The probate process can take anywhere from a few months to over a year, depending on the estate’s complexity, the presence of a will, and whether disputes or creditor claims arise.
Distribution of assets typically occurs after all debts, taxes, and administrative expenses have been paid. Depending on the estate’s complexity and the claims period in your state, this can take several months to over a year.
If the original will is lost, a copy may be used in some cases, but the court will likely require evidence to prove the Decedent intended it to be their final will. The estate may be administered according to intestacy laws if no will can be found.
You’ll typically need the Decedent’s will (if available), death certificate, a list of assets and debts, contact information for heirs or beneficiaries, and any information about the Decedent’s financial accounts or property.
Probate is required to legally transfer ownership of a deceased person’s assets to their heirs or beneficiaries. It ensures debts and taxes are paid and provides a legal framework to resolve disputes among heirs or creditors.
In some states, you can open a probate estate without a lawyer, especially if the estate is small or straightforward. However, an attorney can help navigate complex issues, such as creditor claims or disputes among heirs, and ensure compliance with state laws.
Real estate owned by the Decedent may need to go through probate unless it’s held in a trust, jointly owned with rights of survivorship, or has a transfer-on-death deed. Once probate is complete, the property will be transferred to the heirs or beneficiaries according to the will or state laws.
In the claims period, creditors can file claims against the estate for unpaid debts. This period varies by state but typically lasts several months after the probate estate is opened.
The Decedent’s car may need to go through probate unless it was jointly owned or has a transfer-on-death designation. Once probate is complete, the vehicle is transferred to the heirs or sold to cover debts, depending on the estate plan or state laws.