The probate process begins after a person dies when a probate court must track, value, and distribute their assets and the contents of their estate. Meanwhile, probate courts also oversee the fulfillment of a decedent’s final obligations, such as their last tax return, the resolution of outstanding debts, and ancillary processes for out-of-state assets. However, …
When we die, our belongings are distributed among the living. Some assets and property, both tangible and intangible, have automatic rules of distribution. For example, a life insurance policy usually requires you to name at least one beneficiary when creating it, as the purpose of the policy is to leave behind a buffer to pay …
When we die, the things we owned in life must pass on to the living. Aside from very minute exceptions – like being buried with your car – there is little you can truly take with you “beyond the grave.” To that end, there are special processes in place to facilitate the distribution of your …
Let’s say you own a rental property or are the sole owner of a home. Let’s say you die without bequeathing that property to anyone specific and leave behind children and a surviving spouse. What happens next? Without a will, the state you reside in (and the state in which the property is located) will …
A probate lawyer is a state-licensed legal professional whose job is to guide the executor of a will, or the beneficiaries of an estate, through the probate process. Probate lawyers can also fulfill other duties and assist in the creation of an estate plan long before the probate process comes to pass. To understand what …
The death of a loved one is a very difficult thing. We make time to see to it that they pass on with their dignity intact and that they receive the funerary rites they deserve. But first and foremost, it is a time to remember and to grieve. Yet when that time comes, a lot …
On a literal level, most wealth is transferred on death. But a Transfer on Death deed is separate from setting up a will or funding your assets into a trust. Transfer on Death, also known as TOD, is a clause or deed designating a beneficiary as inheritor of an asset or account upon your death, …
When a person dies, their assets are distributed among the living. The process of overseeing that distribution – and legitimizing the documents detailing the decedent’s wishes and intentions – is called the probate process. Probate is overseen in a probate court, by a probate judge, in the decedent’s county of residence. Key to any probate …
A probate judge works in the civil court, and like any other judge, serves as a judicial officer of the state. Probate judges play a central role in the probate process, overseen by the titular probate court, or as it’s known in other states, the surrogate’s court. Probate judges make the final call for important …
Probate courts and the probate process are necessary for the validation of any last will and testament, as well as the arbitration of final debts and other financial obligations, and the ultimate distribution of a person’s estate left behind after death. Probate can and does work without a will and is necessary even if a …