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Probate Law

Probate Law

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Probate Law

For many families, probate is a scenario to be avoided after a loved one dies. Simply defined, probate is the process where your property must go through the court system to be distributed after you die. This is the formal process whereby ownership in the property is transferred to the beneficiary. Probate can involve estates for which there is a will or ones where the deceased did not have a will with instructions for property distribution.

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Probate involves a proceeding in front of probate court where a will is validated and an executor is given the go-ahead to distribute property in accordance with the will’s instructions. Essentially, the executor of the will is given the green light and marching orders from the probate court to begin their work once the will is validated. Creditors are paid off and the property is then distributed.

As you can see, probate can be a costly and time consuming process that involves going into court. As a result, some families seek solutions that can keep them out of probate, both to minimize expenses and shorten the time frame where the beneficiaries can take possession of the property.

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