Category: Probate

How to File for Probate in Court?- Read On!

A last will and testament is a legal document that serves as a formal administration agreement covering many aspects of the affairs of an estate.  Traditional probate can sometimes take years to end; therefore, probate is often needed to close the estate. Probate is needed to end all estates, although having a last will and testament can expedite the process and minimize difficulties. Contact an experienced probate lawyer in Georgia for more about this.

Last will and testament

Traditional probate law requires that a probate court to appoint an administrator to handle the affairs of an estate. This individual, also known as a “successor trustee,” is selected by the probate court after the death of the deceased owner. Once appointed, the administrator is responsible for collecting the deceased owner’s debts, distributing his or her assets, and distributing the remaining assets to the heirs. There are two types of administrator: a public official, such as a bankruptcy judge or a public accountant, and an individual. Private individuals cannot serve as probate trustees.

 

Traditional probate law also required that any minor children of the deceased be distributed according to their parents’ Will. Depending on the complexity of the probate process, a probate court may order other individuals to administer the estate or retain an estate planner to do this task. If no one else wishes to serve as a beneficiary, the probate court may appoint an individual to administer the estates. If not, then probate court will appoint a guardian for the minor children. This person may not have the same rights and responsibilities as other adults.

 

An estate planner is someone who assists in the probate process, assisting the individual and the court in making decisions about the property and financial assets of the decedent. The probate process begins with the filing of a petition. This application must be signed by the decedent, stating that he or she does not understand the legal terminology, which requires the assistance of a lawyer. The forms are simple, requiring information about the decedent’s residential status, date of birth, age, length of marriage, date of death, Social Security number, dependent list, and any other items that are specific to the decedent’s estate. Upon signing the petition, the person applying for probate must provide the requisite documentation within a short time. The probate process actually begins after the submission of this form.

 

Once the application forms are received by the probate court, if there are no objections, the applicant can state in writing that he or she does not understand the legal terminology required for probate, and request an appointed executor. If the individual has more than one heir, then two appointed executors are required by law. From this point forward, the executor serves as the person who will administer the decedent’s estate, which includes performing all obligations concerning the property and financial assets. The appointed executor must file a final IRS tax return, also filed by the executor himself or herself.

 

All remaining debts are now transferred to the appointed trust, which holds all property interests until the debt itself has been paid in full. This ensures that the heirs retain their original legal title to the home, plus the additional intangible property (such as title insurance) interest. Also, as long as the trust maintains its debt position, the probate court does not need to make any further orders regarding debts and other debt problems.

How Estate is Settled?- Read to Learn About Probate

Probate is a legal procedure through which an estate is determined and the proceeds divided amongst the heirs, following the death of the last heir, said an expert probate lawyer in Miami. Probate involves three parties: the executor of the will, the executrix of the will and the court, which certify the will has been executed. The executor is often an individual, corporation, partnership or joint-venturer; the executrix is often a person or institution, such as a bank or trust company; and the court is a group of professionals who administer the probate function, including state probate courts throughout the United States.

In short, the executor is responsible for managing the assets after a person dies, and the court is responsible for deciding what should happen with those assets after the executor has died. If the last heir to a deceased person’s estate does not have sufficient funds to pay off debts and costs (such as taxes, probate fees, and the cost of an estate settlement) then the remaining assets are distributed to the remaining beneficiaries of the decedent’s estate.

There are three different probate procedures available to the beneficiaries. One involves supervised formal probate, wherein an appointed probate court sits as an entity separate from the state government. The probate court, which must be established in the applicable state, is empowered by law to hear and determine the disposition of the decedent’s property and estate. If the court approves the will, the probate procedure is complete and the beneficiaries are paid their share of inheritance proceeds.

 

Another probate method available for smaller estates is Small Estate Probate, also referred to as Small Estate Real Estate Probate. This probate method allows for lesser estates to be probated, saving the estate from further probate costs. This is because Small Estate Probate does not allow the court to supervise the transaction because it is a less formal process. Also, it allows for the transfer of smaller assets without being required to go through probate. Because it allows for a faster distribution of assets, this is one method that many use when they need cash flow for their businesses or for debt repayment purposes.

 

The third option, known as Trustee Survival, is a way that people use to bypass probate and get away with paying probate fees without having to pay tax on the inheritance that they received. By using a “trustee deed,” or trust deed, a beneficiary can transfer assets without having to obtain a legal title to them, thereby avoiding probate. In some states, however, a trust deed is only valid for a certain amount of time and may be revoked before it expires, thereby creating a potential conflict of interest for the beneficiary and the estate. Trustees may also face possible lawsuits once the deed is revoked, depending on the state probate laws.

 

After the above options have been explored, the person who wants to pay off the debts and/or distribute the assets presents their case in probate court. The judge will make a final decision on the distribution of the assets and, if all of the heirs agree, then they will divide the money. If one heir is younger than the others, then the judge may choose to order a posthumous trust, which is a way that the deceased family members can be paid upon their passing and the property they left for the heir(s) to take care of. If the judgment is against the estate, then the probate court will enter a temporary conservatorship over the estate, which means that all property will be distributed to the heirs according to what the judge deems appropriate.

The last and most common method of dealing with probate is to make an offer to the decedent. If the judge agrees, he will issue an order allowing one of the heirs to purchase the probated estate for an offering price. The proceeds from the offer can be used to pay off debts, buy back the home, settle inheritance taxes or other debts that the decedent may have. This offer is not as legally binding as the choice of a trust, but it is still used frequently. The best thing to do if one has a loved one dying is to make an arrangement to ensure that they are properly cared for after their passing. It is always better to be sure of this than to leave your loved one unpaid or to put his or her assets in the hands of someone else who will never take care of them.