Probate is the legal process of authenticating a will and ensuring that the deceased person's assets, property, and possessions are distributed to their rightful beneficiaries. It involves proving to the court that the will is valid and appointing an executor or administrator to manage the estate. The executor is responsible for collecting the deceased's assets, paying any liabilities, and distributing the assets to the beneficiaries. In some cases, it is possible to avoid probate by transferring assets prior to death or using a small probate summary procedure.
Probate lawyers can represent heirs, creditors, and other parties who have a legal interest in the outcome of the estate. The cost of probate may vary depending on the state and includes executor's fees, administrative expenses, and legal fees. The grant of probate is the first step in the legal process of managing a deceased person's estate. It involves locating and determining the value of their assets, paying their final bills and taxes, and distributing the rest of the estate to its rightful beneficiaries. The court appoints an executor named in the will or an administrator (if there is no will) to administer the probate process.
If you have made a will, after your death, it is presented to the court in a probate proceeding. The evidentiary will then becomes a legal instrument that the executor can enforce in the courts of law if necessary. In most states, immediate family members can ask the court to release short-term support funds while the probate process looms. During probate, a court will first authenticate your will and then authorize your executor to pay all debts and taxes and distribute the remaining assets accordingly, according to your instructions. In addition, certain assets such as earnings from an insurance policy, retirement accounts, such as 401k and IRAs, and other accounts with a designated beneficiary are not subject to probate. Probate requests are made to the probate office in the jurisdiction with which the deceased has a close connection, not necessarily at the place where they died.
The person to whom the grant of estates was granted has deliberately and without reasonable cause failed to display an inventory or account in accordance with the provisions of Chapter VII of this Part, or has displayed under that Chapter an inventory or account that is not materially true.