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Understanding probate can help you better prepare for the process. It's important to understand that probate is not a perfect system. It can be quite slow and costly. Even though probate can often take a year or longer, it is one of the only ways to transfer property after death. While there are services that can help with probate, it is important to understand the process and ways to expedite the process. In our blog you can find more information about probate, This article explains how probate works. Probate is the legal process of administering a deceased person's estate. This can be done through a probate court, or outside of court by the deceased person's will. Have you inherited something and don't know how to deal with it? Do you suspect that your spouse/partner has a will but he or she won't tell you? Have you thought about trust but don't know how to go about it? Wills, trusts, and probate are essential parts of estate planning. This blog will look at the different aspects of probate and answer some common questions that you might have. What Are The Requirements To Probate A Will? 1) You must have a will. 2) You must have a court order. 3) You must have the original will or an original court order. 4) You must have a death certificate. 5) You must have a location where the will can be probated. You Must Have a Will It is required that you have a will in order for you to be able to have a probate. If you do not have a will then the judge will have to appoint a guardian for your children and put them in the custody of that guardian. If you do not have a will then the court will distribute your money according to the intestacy laws which may not be what you want at all. Having a will is an essential step toward ensuring that your assets are distributed appropriately once you pass away. It is the only way to ensure that whoever you want to benefit from your estate will actually receive it. You can even choose to leave a portion of your estate to charity. A will can also be a great opportunity to ensure that you choose someone you trust to manage your affairs (i.e your estate). You Must Have A Court Order The probate process is a long and complicated one that can be full of questions and doubts. Many people who have gone through the probate process have questions about their specific situation, and many of those questions are similar. Today we are going to answer five of the most frequently asked questions about probate. 1) Can I skip probate and just get the property? Yes, you can. This is called an Affidavit of Heirship. This is only valid for real estate, so if you are trying to get the personal property you must go through probate. 2) What is the difference between probate and estate administration? As mentioned above, once you have been appointed as the executor of the estate you will need to file a petition in the probate court in the county where the decedent resided. This petition is also called the application, and it must be filed before you can proceed with the administration of the estate. The probate court will serve the decedent’s heirs and creditors with notice of the petition and will schedule a hearing. If the decedent’s assets are under $150,000, the court will likely grant your request for probate without a hearing. However, if the assets exceed $150,000, the court will schedule a hearing, usually within three to four months of the petition. About The Author Jim Turner is a USA-based author of Legal issues related to estate planning, will & trust, business law, and elder law. Jim Turner does his best writing on these topics last will and testament Michigan which helps users to find the best solutions to their FAQ on estate planning, probate process, living trust, and more about legal family issues. The author can be reached through rochesterlawcenter.com
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