One of the first steps in the probate process occurs when the executor (the person named in the will to administer the estate), brings the will to the judge at probate court. What is actually being "proved", when a will is entered into probate? It proves that this document was intended to be a will, that the person is deceased, that it is their last will, and that the document is properly executed and valid in the state.
If however, there is no will, or the will does not name an executor, then the court must appoint someone, usually a close relative, to administer the estate. The person who has filed a "letter of appointment" with the court, is known as the administrator. In addition to entering the will into probate, some other probate process functions include: taking an inventory and assessing the value of all the property, locating and identifying heirs, identifying and settling outstanding liabilities and creditors, settling conflicts that can arise between the estate and other parties, completing and filing tax returns, distributing all the estate property.
Are there advantages to probate? Since the process is overseen by a judge, it is an orderly, unbiased, and strict one. Anyone with an interest in the estate has the assurance that all matters will be done correctly, because there is an established procedure in place.
Are there disadvantages to probate? The probate process can be a fairly costly one. Attorney's fees, court fees, accountant's fees, appraiser's fees, and executor's fees, all can deplete the value of the estate. Probate is a long process. Depending on the size and complexity of an estate, it is not unusual to take a year before the assets will be distributed to the beneficiaries. Probate is also a public process, the general public can view a person's probate files if they wish to do so.
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