 Probate is a court-supervised process for finding and gathering the assets of a deceased person, paying any debts, distributing the remaining assets to beneficiaries, and winding up his or her affairs.
If the decedent had a will, it must be deposited with the clerk of the circuit court within 10 days of death. However, the probate process doesn’t begin until a petition is filed, and the decedent’s will has no legal effect until it is admitted to probate by the court. Whether or not there was a will, probate is required to pass ownership of the decedent’s assets to the persons who are entitled to receive them. A personal representative, known elsewhere as “executor,” is appointed by the judge to administer the decedent’s probate estate. Serving as personal representative is a responsible job, and mismanagement of the estate can result in personal liability to the beneficiaries. For this reason, it’s important to consult a probate attorney who can provide legal advice to the personal representative and represent him or her throughout the estate proceedings. Contact McDannold Law to learn more about the probate process.
5 Comments
7/15/2020 01:55:50 am
Thanks for helping me understand what probate is and how it works. I had no idea that you can use this to distribute the assets from a deceased person and pay any outstanding debts from them. My friend's uncle passed away because of COVID, and now he told me that he's entitled to receive one of his old properties. I'll share this with him and suggest that he hire a probate attorney for legal advice. Thanks for helping me understand that the probate process will not start until the petition is filed. I will share this information with my mom since they plan to hire a probate lawyer this year. It's for the property of grandmother which they need to settle between them, siblings. 11/30/2021 08:09:47 pm
I like your probate tips. I need to get a lawyer for my sister. She is going through some bankruptcy issues. 3/23/2022 10:41:38 am
Thank you for explaining that an executor is designated by the judge to oversee the decedent’s probate estate. My friend's family is having a conflict with the assets of their loved ones. I think hiring a probate lawyer will make the process less stressful for the family. 4/21/2022 11:04:05 pm
Thanks for helping me understand that the probate process will not start until there is a filed petition. I will share this information with my mom because the properties of my grandmother were not in a will or testament before she passed away. Now, she needs a probate attorney to help her process the properties, since she is the only heir to those assets. Leave a Reply. |
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