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The Probate Process Explained

Probate is the legal process by which a deceased person’s assets are distributed to heirs or beneficiaries. It involves validating the deceased person’s Will, identifying, and appraising their assets, paying outstanding debts and taxes, and distributing the remaining assets to heirs or beneficiaries.

The probate process begins with the filing of a petition with the Probate Court by the executor of the deceased person’s Will or by an interested party if the deceased person did not have a Will. The court appoints an executor or administrator to manage the estate and oversee the probate process.

The executor or administrator is responsible for identifying and locating all assets, including bank accounts, real estate, investments, and personal property. They must also provide an inventory of the assets to the court.

The next step is to notify any creditors of the deceased person’s death and pay any outstanding debts or taxes. The executor or administrator must also file any necessary tax returns and pay any estate taxes that are due.

Once all debts and taxes have been paid, the executor or administrator can distribute the remaining assets to the heirs or beneficiaries according to the deceased person’s Will or, in the absence of a Will, according to state law.

The probate process can be time-consuming and expensive, and it can be further complicated if there are disputes among the heirs or beneficiaries. However, it is an important legal process that ensures that a deceased person’s assets are distributed either according to their wishes, or according to state law.

When Real Property is involved the probate process is a necessary step in the distribution of the decedents Real Property assets. It can be complex and time-consuming, with several potential challenges. By working with experienced professionals and following the proper procedures, it is possible to ensure that the probate process is completed as smoothly and efficiently as possible.

Resources and Professional Recommendations:

Referring professionals is a valuable service, whether for a friend or a client. At Machado and Van Bokkelen, our professional recommendations reflect our belief in both the quality of work as well as the integrity of an individual or company.

A qualified network of professionals in various fields is imperative as it contributes to credibility and trust in those we refer to. For our clients this saves a significant amount of time and effort in finding a trustworthy and reliable professional for their needs. Overall, the ability to refer professionals is a win-win situation for all parties involved.

We have a robust list of vendors to meet a myriad of needs including Attorney’s, Professional Fiduciaries and Financial Advisors as well as real estate professionals to assist with selling your property.