Taking Care Of Probate In 3 Steps

The term "probate" can be both intimidating and confusing to some people. It refers to the legal process in which a last will and testament is submitted to the court where it is evaluated and approved. While your estate attorney is fully capable of seeing a will through the probate process, it can help tremendously to have a good basic understanding of what happens during probate. This information becomes even more important if you find yourself in the role of the personal representative (executor). For a quick overview of the probate process in three steps, read on.

1. The will must be located, read, and filed with the local county probate court. Most wills are kept in safe places, such as a locked box or safe in the home or in a safe deposit box at a bank. If you don't have any luck locating a will, the estate attorney can provide you with a copy. In most locations, a notice must be published in a local newspaper alerting any estate creditors of the death and giving them an opportunity to come forward and file a claim against the estate.

2. The estate must be cared for during the probate process. The personal representative will be responsible for making sure that an inventory of all property is completed and filed with the probate court. A professional appraiser may be required for real estate when determining its value. Estate property can consist of homes, cars, boats, recreational vehicles, artwork, collectibles, and even the family pets. Additionally, the assets of the estate such as bank and investment accounts must be listed. In other words, the probate court needs to know the value of the estate, since many provisions are based on this aspect. The executor is also charged with ensuring that certain bills of the estate are paid and that any real property is maintained. For example, a contract with a lawn service may be needed to take care of the yard while probate occurs.

3. At the end of probate, the property is distributed. If you are beneficiary to the will, you will receive a notice of end of probate and be informed of your rights to secure your belongings. In most cases, this simply involves taking the property, but in some cases you may need to go and have your name substituted on deeds and vehicle titles.

To learn more about what probate could mean in your case, speak to an estate attorney or visit websites like http://rmstoneattorney.com/.