"Probate" is a legal process that deals with property owned by a deceased person and passed on to heirs after their death. It helps to decide which heirs get what property, after the decedant passes away. Probate is for overall management, and supervises the distribution of the assets to the heirs, in accordance with the will of the deceased, and according to state laws.
"Probate" is 'proving" the existence of a valid will. If no will exists, the estate is said to be "in testate". The court then decides who the receives the property and assets of the deceased. Probate is overseen by an executor if there is a Will, or by the court and a court appointed "personal representative" if there is no will.
Even when there is a Will, it does not mean that "probate" can be avoided, it just makes it easier. Usually, the executor must post a bond to protect the assets of the estate.
Petitions are filed in the county where the deceased lived at the time of death, even if the place they passed away is different. Hearings are scheduled from four to six weeks after the filing of the 'petition for probate". All of the decedants heirs must be notified as well as everyone mentioned in the Will. Probate can often be very lengthy, and heirs usually find that it takes longer than they thought and they probably won't get as much as they previously thought they would get.
Can Probate Be Avoided?
Yes, probate can be avoided. Even a Will can be avoided if a Living Trust is used. It assures that the decedant's property and assets are transferred to the heirs according to their wishes.
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