What Is Probate?

By Author: Nicole Anderson
Total Articles: 50
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Probate is one of the essential legal processes that are carried out after the death of a person. In this process the property, wealth and the assets of the deceased are transformed to their beneficiaries. But, in case the decease person has taken debts from the creditors, then this property is first transferred to the creditors to clear off the debts. And then the remaining comes to the heirs, if any. Sometimes the deceased person also writes a will note wherein he nominates the executor who will rule on his property. The probate process is being carries out under the supervision of such an executor. The executor may be any person, not necessarily the relative of the dead person. With the help of the lawyer, the executor gets the property of the departed.
Sometimes, it so happens that the departed person dies all of a sudden. So consequently there is no will nor an executor. In such cases, an administrator is appointed by the probate court to carry out the probate process. This administrator is certainly one who is close to the deceased or the one who is affiliated to claim the property or the estate of the deceased. ...
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The administrator needs to justify that the will is valid in the probate court. And has to submit all the data regarding the property and debts of the deceased person and the beneficiaries to the court. The creditors are given the news of the departed person and they get a time period of 6 months to collect their money. In this case, the creditors are also restricted to collect their money only form the estate of the departed person and they cannot demand it from the beneficiaries.
If, in case the debts are too big and cannot be repayed from the complete estate, then the other assets will be used by the court to solve the problem of how to repay the creditors debts. If a deceased person doesn't leave any will regarding his assets among the beneficiaries, then the law of the state takes the entire decision regarding the probate proceedings. It will start the probate process by notifying all the heirs and the beneficiaries.