Steps for probating a will
Probating a will is the court supervised process, where the last will is authenticated. It is associated with the activity of locating and valuating the assets of a deceased person. Then the assets are distributed among rightful beneficiaries accordingly. Along with that, the final bills and taxes of the deceased person are paid as well.
Here are the four steps associated with probating a will. It is better to have a clear understanding about the steps before you go through the process. Then you know what exactly you are going through.
Filing a petition to notice the beneficiaries and heirs
The very first step is to file a petition and provide notices to the beneficiaries and heirs. Along with that, an executor will be appointed as well. In case if there is no will, an administrator of real estate is appointed.
In some of the instances, beneficiaries and heirs will object to the petition. They will be able to raise their concerns in the court. Moreover, a notice of hearing is published within one of the local newspapers.
Giving a notice to the creditors
Once the appointment by the court is finalized, a personal representative will go ahead and provide notice to all the known creditors. Along with that, an inventory of real estate property will be obtained as well. A personal representative will then provide a written notice to all the creditors. This will be done based on the state law. The creditors who like to claim on the assets are provided with a short time period to do it as well.
Paying off the taxes, debts and funeral expenses
The taxes, debts and funeral expenses of the deceased person should be paid out of estate. This will be determined by a personal representatives. In order to make these payments, a personal representative will be allowed to sell out the estate assets. Along with that, it is possible to settle the obligations of decedent.
Transferring the property titles legally
The last step is to transfer property titles in a legal manner. This will be done according to the laws of intestacy. The personal representative will be taking control over this transfer process as well. He will adhere to the last will and then distribute the property accordingly. If there is no will, he will adhere to the state interstate succession laws.
These are the steps for probating a will. If you are preparing your last will or if you are working on a dispute with the distribution of assets, you can think about seeking legal assistance. Then you can make sure that everything happens according to the law and there is no need to worry about anything. Make sure that you find a lawyer who specializes in probate law and proceed with the case. Then you can experience all the positive returns sent on your way.
