Probate Court: An Overview

Probate court, understandably, is something that people tend to avoid like the plague. It is a long, stressful and painful process for family members of the deceased, and it can go on for several years. Although there are benefits to probate in certain situations, it is often an unnecessary hardship for grieving family members.

Probate court is the process by which one’s will is verified and property dispersed. It can involve several months of intense litigation is there are disputes over the contents of the will or if creditors are foaming at the mouth to collect what they are owed. The following is an explanation of what goes on during probate court.

Probate Court: Verifying the Will

The executor of the deceased’s will must show up in court with the necessary documentation and must show proof that the will is legitimate and that it has been properly signed and witnessed. If there is any dispute as to the authenticity of the will, the executor and any available family members will sort out the formalities in front of a probate court judge.

Probate Court: If There Is No Will

If no will can be located, the probate court will initiate the beginnings of an investigation into the deceased’s life, starting with the closest family members. The court will have to make a decision as to the proper heirs, and will assign portions of the deceased’s estate to the appropriate parties.

Probate Court: Inventory

The probate court will then begin the process of taking inventory of the deceased’s property and assets. Extensive lists will be drawn to make sure that all items are accounted for, and the property will be stored in a storage area until the probate court process is complete.

Probate Court: Appraisal

Once all of the deceased’s property has been inventoried, the court will order an appraisal of all items. A monetary value will be assigned to each of the deceased’s belongings, and the monetary assets will be reviewed, as well.

Probate Court: Notification

Next, the court will begin the process of notifying all living relatives of the deceased as well as any creditors to whom the deceased owes money. This is arguably the longest process because the court must verify all of the information it receives. The family members will be informed of any changes to the will, and creditors will be asked to submit documentation for what is owed.

Probate Court: Conclusion

When all of the documentation has been received and processed by the probate court, debts will be paid from the deceased’s estate, and then disposal of property and funds will be completed. This final stage does not usually begin until at least eight or nine months from the start.