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Probate Court Estate 101
A probate court estate comprises the possessions left behind by a decedent,
minus all duties and debts owed. However, just because a Will was left behind
does not mean that the transfer of the estate will be easy. It depends on how
much property needs to be divided and where they are located.
If a person dies without leaving a Will (dies intestate), there are state
laws regarding inheritance that the court is tasked to implement. (The court is
thus the place where the transfer of the estate of a person who died to his
heirs or beneficiaries occurs.)
If the decedent does not have an estate, then probate proceedings may not be
needed. However, some survivors opt for probate if only to settle payables or
when deadlines for creditors filing claims must be fixed.
It is important to note that all of a decedent's possessions do NOT
automatically undergo probate, as in the case when property is transferred to
certain parties outside the judicial process.
Some states allow property to be distributed, sans a probate hearing, if values
are within a certain dollar range. Moreover, in many cases where the survivor is
a spouse, retirement and insurance benefits need not be subject to probate.
Probate Court Estate in Separate Locations
The probate court estate may exist in more than one location. In such cases, the
court in the state where the decedent established a permanent home becomes
overseer and personal possessions, regardless of location, are divided according
to that state's probate laws.
However, the division of real estate is done in accordance with the laws of the
state where the property is located and probate must be held in every state
where real property exists.
When a Will exists, the state where the decedent's permanent residence is
located admits the Will to probate first, after which the Will is filed for
probate in all the other states where real property was owned. Each court in
every state may appoint an administrator to oversee the extra procedures.
Creditors in Separate Locations
The decedent's creditors, if they exist in multiple states, must be paid.
Depending on state laws, creditors must be given a Death Notice directly or
informed via a Death Notice published in the city newspaper. The latter,
however, need only be filed in the city of residence.
Part of the probate process is to inform creditors of the death. How creditors
are informed vary though with some receiving a direct notice from the probate
courts, and others only getting to know about it through public announcements in
the Obituary section of the local newspaper.
To be paid from the probate court estate, a creditor will have to file a court
claim. Any bill will be paid from the estate proceeds upon approval of the
executor.
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