What Is Probate?

Estate Planning

What Is Probate. Court Probate System

What Is Probate?

Probate is the legal process of validating a will, supervising the adminstration of a will, and making distribution of estate assets to beneficiaries. The probate process can be very complex and time consumming and costly. Court supervision is required before property will pass to your heirs. In the probate process, the court will designated and adminster of the estate who must closely follow probate procedures and deliberately and carefully account for and distribute assets. The adminstrator must value all assets, notify and pay creditors and often become involved in disputes over the validity of meaning of a will.

Probate procedures can go on for years, especially where the estate is not properly planned, is of substantial value, or where the probate proceddings become adversarial in nature. This leads to inevitable delays in providing your heirs with the benefits of your estate. The length and complexity of the probate process can drain the value of assets from an estate; value that the deceased intended to provide to his or her family.

If you die without a will, your estate will pass under state statute, and not necessarily in accordance with your true wishes. This can often lead to the individuals who dearly need the benefits of your estate being denied access to it.

Probate procedures will be applicable to all property that is the subject of a will and all property that is not included in a will or is not passed directly through various probate avoidance mechanisms. Adopting a will alone is not sufficient to avoid probate. All property that is provided for in a Will will be subject to probate and its inate delays and costs.