How to Probate a Will ?

1 Answer

Answer :

How to Probate a Will
Planning for the future can be an exciting task. Nothing beats the feeling of finally making your dreams come true, but one aspect of the future that may be hard to think about is death. What happens when a person dies? Where will his properties go? Who will manage his assets? Sure, this is a bit sad to think of, but at one point, you have to consider these things.

Making a will is one way of ensuring your assets and even your liabilities. When a person dies, his will needs to be validated through a process called probate. This method is done to supervise the transfer of your estate to your beneficiaries.

Probate Process
Upon a person’s death, the will is taken to court by his personal representative.
A probate court manages this process.
Depending on where you live, some courts will require your personal representative to publish a death notice in the newspaper. This will notify people who have interests in your estate to make a claim in court.
Your personal representative will be tasked to identify and list all of your properties to accurately establish the value of your estate.
When the inventory is done, The probate court will distribute your estate to your creditors.
After your debts have been paid, what’s left of your estate will be given to your beneficiaries.
Things You Should Know When Making a Will
Wills are important to protect your family and your estate. If you die without a will, your properties will be distributed according to your government’s laws.
2 types of wills are:
A notarial will is a written will prepared by the testator. This is the most common form of a will.
A noncupative will is an oral will that needs to be transferred to a written document as soon as possible.
It’s wise to consult a lawyer when making a will. He will be able to help you make one that will stand up in court.
Start by listing what you have and what you owe, then decide to whom you will give your properties to.
Real and personal properties are to be stated in the will. Real properties are lands and structures you own while personal properties refers to your other assets. To avoid confusion, the difference between real and personal properties is that personal properties are movable while real properties are not.
Choose a personal representative that will administer your will.
A will may be invalid for several reasons. Some examples are:
The testator is under 18 years old.
The testator is mentally incapable of making a will.
Threat or coercion was used to obtain a will.
Here are a Few Legal Terms You Should Know
Decedent is the legal term used for a deceased person.
Testator is a female decedent
Testatrix is a male decedent
Intestate refers to decedent without a will
Your personal representative or will facilitator is called:
Executrix for a female representative
Executor for a male representative
Your beneficiaries may be classified in 2 categories
A devisee is a beneficiary of your real properties.
A legatee will receive your personal properties.
Protect your family and estate by making a will. It doesn’t matter how big or small your estate is. What’s most important is to secure your family’s future when you’re gone. You may be leaving them behind, but  you won’t be leaving them without things to remember you by.

Related questions

Description : What is the name of the document (authority) that a court issues to a personal representative (executor) in an intestate probate proceeding?

Last Answer : Do you mean “power of attorney”? Or you may find the answer in this article—one term mentioned is “probate of heirship”

Description : Probate question. See inside.

Last Answer : You need to get an attorney right away. It depends on the terms of the trust. How did your cousin access it? What were the terms if your mother was dead?

Description : how to tell when probate is over

Last Answer : Need Answer

Description : how and when to file probate?

Last Answer : Usually your state law would determine if you had too. Normally you will need to and the time depends on the law in your state and is thirty days in a lot of places. call you probate court...they will be able to help you.

Description : does property need to be deeded into a family trust in order to avoid probate

Last Answer : Yes, I was told so. If you are concerned about the probate cost, that varies by state.

Description : What is California cap or limit for legal fee for probate?

Last Answer : what is the limit a lawyer can charge in California forprobate

Description : Do you have to go through probate in Connecticut?

Last Answer : If the decedent was the sole owner any property such as realestate or bank accounts then the estate must be probated.

Description : How to Understand Probate?

Last Answer : Probate is a legal term and a process. The term refers to the actions by a court to prove what the final wishes of a decedent are and who their legal heirs are. The process is the ... are valid and lawful.Certain probate procedures must be followed when an estate passes into that court's j

Description : Where can I find information on Michigan probate law?

Last Answer : Your state Bar Association Website is always a great resource for law related questions. I have included a link to the Michigan Bar Association page that addresses Probate ... ://www.legislature.mi.gov/%28S%28vam5jxjmtjnbzsfkv0jlh53k%29%29/mileg.aspx?page=GetObject&objectname=mcl-chapters-701-713)

Description : What is the probate law?

Last Answer : Probate law has to do with the legal distribution of the estate of a diseased person. Probate court can be avoided by having a living trust, or a will, that specifies who the recipients of the estate will be.

Description : Does every estate have the need for a probate lawyer?

Last Answer : No not every estate needs one. If the size of the estate is very modest and no one will contest it because it it straightforward then the matter can be handled in probate court where the judge ... challenged by someone then by all means get an attorney. He may save you years of legal nightmare.

Description : What is a typical fee charged by a lawyer handling a probate?

Last Answer : The cost of hiring a probate lawyer varies throughout the United States. The average cost of hiring a lawyer for a standard estate is $1,500 as a national average.

Description : How do I get my probate money?

Last Answer : Your inharitance money needs to go through probate to be sure no one else has claims to it. Probate will run it's course quickly if there is a will. If you are having issues getting your probate money ... States. By using this site, you will be able to find the best probate attorney in your area.

Description : Do we have to go to probate court if a will is uncontested?

Last Answer : The executor of the estate submits the will to probate court if it is necessary to do so. It is only necessary when there is a large estate, many heirs, outstanding debts, or a possibility if ... go to probate court. The process is faster though and you will be put on the uncontested docket.

Description : If I need the money for medical bills, is it possible to get a probate cash advance on my inheritance?

Last Answer : For Heirs of a Probate who need advance cash on their Inheritance now, rather than waiting for the Estate in Probate to close, Heir Advance Company offers you an immediate Probate Loan, or Inheritance cash advance solution.

Description : What is the job description for a probate attorney?

Last Answer : A probate attorney advises and helps in the probate process. This includes management of estates, securing life insurance payouts, details of appropriate retirement plans, et cetera.

Description : What types of fees are associated with getting a cash advance on my inheritance while it is still in probate?

Last Answer : For Heirs Who Want Advance Inheritance Cash Quickly & Securely: Probate Cash ... form of a house and property only, with no cash, can we still apply for a Probate Loan? ... What court fees and ... with Probate? .... The inheritance advance took my focus off money. Instead of getting further ...

Description : Is ther a time limit on how long probate will last with an uncontested will?

Last Answer : It usually has to stay open for 6 months.

Description : if a person passes and doesn't own any property, do you still have to go to probate court. also, if they owned property and signed it over to a relative, is there a time frame before you die this this should take place?

Last Answer : If there are any assets and debts, the estate will be probated. The assets do not have to include real property. If the individual deeded the property to another prior to his passing, the property belongs to the deed hold.

Description : My brother just passed away in Albuquerque, New Mexico, he did not have any real property (real estate) he did own his vehicle and tools. His total amount of assests is around $30,000 and that might be high. Do I have to go through probate. ?

Last Answer : Yes because you need to transfer the property to be able to sell it.

Description : Is it possible to file probate without a lawyer in the state of Florida?

Last Answer : No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated

Description : MY HUSBAND RECENTLY DIED. HIS WILL LEAVES HIS ENTIRE ESTATE TO ME. IS IT NECESSARY TO PROBATE HIS WILL?

Last Answer : Probate may be needed it would be best for you to consult a probate attorney.

Description : In state of Virginia, when a widow dies does her will have to go thru probate There are three children (adults).?

Last Answer : Yes, it will have to go thru probate. This happens at the county court offices

Description : We have added our daughter to our Deed to our Home, by a QUIT CLAIM DEED. She is given the rite of survivorship& her name shows on the tax rolls. Would this have to go through Probate ?

Last Answer : Yes as the house could still be claim to pay any debts you have.

Description : how do i find out if a will has probate yet?

Last Answer : You have to speak to the lawyer who drew up the will.

Description : My mother passed recently and had no living will.I am her only child. Do I have to go through probate to access funds in her bank account?

Last Answer : Yes, this must go through probate. The only exception is if you are already a joint account holder or if she had an "in the event of death" beneficiary on the account with your name on it.

Description : Is there a statute of limitations for probate and does a will, filed in a different State matter?

Last Answer : The state of filing wont matter. A Will must be filed for probate within four years after the date they died.

Description : what happens when someone dies and his estate never goes through probate and then the executor of his estate dies ?

Last Answer : You should seek official legal advice, but the online consensus seems to be that the 2nd person in line to be executor becomes in charge of the estate.

Description : How is a house valued in probate The apprasial amount or Market value Balance of mortgage is $127,000. Can the spouse buy out the adult children ?

Last Answer : The home should be valued at "fair market value", which is the value that a willing buyer and willing seller would set the house at, assuming they each knew all applicable facts. The spouse can buy out the adult children under some circumstances.

Description : I am the executor of my brother's will. He lived in Iosco County, died in Kalamazoo County and I live in Allegan County. Where do I have to file probate and is it ok to have a Allegan County lawyer if I file in Iosco County?

Last Answer : You will need to file in The county in which he lived. Any lawyer will be fine as long as they handle this type of case. It is fairly easy to do as I did with my father. The lawyer should handle all details of this process.

Description : My father died 11 years ago and my step mother never put his estate into probate. what can I do now. ?

Last Answer : This is illegal. Contact an attorney. A will must go through probate or the estate itself must go through probate, but even if she legally inherited everything, there must be a probate process to hand over all legal title to her.

Description : do you have to have a lawyer to probate a will if the will dictates who is teh executor ?

Last Answer : If you already have a named executor, there is no need for a lawyer.

Description : In case the balance was above one lac in deceased depositor account___ is necessary a) Witness of responsible person b) Thumb impression of the deceased person c) Succession certificate or Probate of will or letter of administration d) All the above

Last Answer : c) Succession certificate or Probate of will or letter of administration

Description : If a person dies and is at time of death the holder of a saving certificate and there is no nomination in force _____should be produced within 3 month for payment a) Death and probate of his will ... certificate granted under the Indian succession act 1925, d) Any one of the above e) None of these

Last Answer : d) Any one of the above