What Is Probate? And When Probate Ends?

By Author: Smith Clea
Total Articles: 52
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Probate is the legal process of proving a will.

If an individual dies intestate, or without a will, probate is also necessary.

Most states need the will to pass through probate before the assets in it can be passed to the beneficiaries named in it.

Generally speaking, probates that are contested are typically substantially longer than those that aren't because there's more paperwork involved and more money at stake when someone contests them.

Probate Is The legal Process Of Proving A Will

Probate is the legal process of proving a will. It's necessary if there is no will.

It's the process by which a court determines whether an individual's last will is valid.

Probate is usually required when someone dies without leaving behind a valid document that shows who their heirs are.

Where they live, and how much money they have at their death.

The person who dies may be left with nothing except debts.

In this case, probate can help determine which family members get paid first.

It also decides whether any taxes should be paid on those assets before distribution ...
... takes place.

If an individual dies intestate, or without a will, probate is also necessary.

In this case, the estate will be distributed according to state law and may not necessarily coincide with what would have been in their will.

If there is no will and you want to make sure that your assets are distributed as you wish them to be.

You need to hire an attorney who specializes in probate and Estate Planning.

Probate ends when:

A person dies
The death occurred more than one year after filing of the petition (or 30 days after mailing)
Most states need the will to pass through probate before the assets in it can be passed to the beneficiaries named in it.

Probates are usually described as either "simple" or "complex."

Simple probates involve only having one court hearing and taking less time than complex ones.

Although this can vary depending on how complicated your estate plan was.

If you have extensive assets and/or many beneficiaries named in your estate plan, your probate process could take several months or even years to complete.

Generally speaking, probate proceedings take about nine months.

Probate proceedings generally take about nine months, but this can vary.

If there are complications or the estate is large, it may take longer.

Probate can be expedited if you have a small number of assets and no dependents.

It costs more than standard probate because it's not free.

An attorney will need to be hired for every step of the process and they charge accordingly.

So, bear that in mind when making your decision.

Whether you want to go ahead with an expedited proceeding or wait until your estate reaches its greatest value.

Before hiring legal representation for yourself or others involved in handling your assets after death.

You may have heard that one of the many problems with using the last will is that the heirs aren't paid out for another nine months after the testator, or creator of the will, passes away.

This is because there are so many things that can happen during probate:

The estate has to be distributed according to state law (which may not be what you want).
The executor's fees are usually required by law.
There may also be taxes owed on inheritances and property transfers. These taxes will need to be calculated before they're paid out again.
Probates that are contested are typically longer than those that aren't.

In contested probate, someone other than the deceased person's will or estate is contesting the validity and/or enforceability of that person's will.

If it's determined that there was no will.

Or if the deceased did not have a valid and enforceable will.

Then property that would have gone to heirs under the terms of their father's last will may be distributed by court order.

If you're involved in an ongoing legal battle over who gets what after your parent dies.

But don't want to wait months or even years for an outcome, especially if large money could be at stake.

You should consider hiring an attorney right away.

The laws of some states allow certain kinds of small estates to pass outside of probate.

A small estate is a legal term that means the value of the property at death was less than $2,250 in some states.

In other states, it’s defined differently and may be as low as $50,000 or even $100,000 (depending on where you live).

In some states where probate isn’t required by law, small estates can pass outside of probate if certain conditions are met.

The person died intestate—without leaving a will or other type of written document indicating who gets what from their estate after their death
There are no debts owed by the deceased person and his/her assets don't exceed their gross value at death
Probate is a court-supervised process that allows an estate to be distributed to beneficiaries.

It's usually required when someone dies without a will, or if the deceased leaves behind no one who can legally act on their behalf.

Probate typically takes less than a year, but some cases take longer because they're contested or complicated.

For example, if there are multiple heirs claiming property rights in an estate or if there was fraud.

Probates can drag on for months or even years before they're resolved.

Conclusion

Probate is something that many people don't think about.

But it's an important part of the process of transferring property after death.

If you have any questions about probate or would like help with it, contact a lawyer who specializes in estate planning and probate.

They can also review your will if needed before filing for probate.

About The Author

Smith Clea is a USA-based author on Legal issues related to estate planning, will & trust, business law, and elder law. Smith Clea does her best writing on these topics that help users to find the best solutions to their FAQ on estate planning, probate, probate lawyer, and more about legal family issues. The author can be reached at https://rochesterlawcenter.com

Clea Smith is a USA-based author on Legal issues related to estate planning, will & trust, business law, and elder law. Clea Smith does her best writing on these topics that help users to find the best solutions to their FAQ on estate planning, probate, living trust vs will and more about legal family issues. Author Clea Smith can be reached through rochesterlawcenter.com