Dictionary
a judicial certificate saying that a will is genuine and conferring on the executors the power to administer the estate the act of proving that an instrument purporting to be a will was signed and executed in accord with legal requirements put a convicted person on probation by suspending his sentence establish the legal validity of (wills and other documents)
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Wikipedia
Template:Wills&Trusts Probate is the legal process of settling the estate (law)estate of a deceased person; specifically, distributing the decedent's property.In England and Wales, Ireland (N. and Eire) and Commonwealth countries, probate is obtained by executors of a will while Letters of Administration are granted where there are no executors.
Probate in the United States - In some states, after a person residing in that state has died without a valid will or trust, his or her property immediately becomes the property of the spouse, if any, without the need for probate. (This is the case in states that recognize a married couple's property as community property or as tenancy by the entireties.) However, in cases where the surviving spouse does not automatically succeed to the decedent's property, then it is usually necessary to "probate the estate", whether or not the decedent had a valid will (law)will. A court having jurisdiction of the decedent's estate (often called a "probate court") supervises probate, in order to ensure the decedent's property is distributed according to the direction of his will and the laws of the state.The will usually names an executor, a person tasked with carrying out the instructions laid out in the will. The executor's most common task is the marshalling of the decedent's assets throughout the probate process. If there is no will, or if the will does not name an executor, then the probate or other court having jurisdiction of the decedent's estate can appoint one. Traditionally, the representative of an Wiktionary:Testateintestate estate is called an ''administrator''. The representative of a testate estate who is someone other than the executor named in the will is an ''administrator with the will annexed'', or administrator c.t.a. (from the Latin ''cum testamento annexo''.)
Steps of probate - Some of the decedent's property may never enter probate because it passes to another person contractcontractually, such as an insurance policy or bank account that names a beneficiary or is owned as "payable on death", and property (usually, again, a bank account) legally held as "jointly owned with right of survivorship". Property held in a living trust also avoids probate. In these cases, the executor provides documentation to the court, and the property is prevented from entering probate.The first task of the executor after opening the probate case with the court is to inventory and collect the decedent's property.Next, the executor pays any debts and taxes.Finally, the executor distributes the remaining property to the decedent's beneficiaries, either as instructed in the will, or per the intestacy laws of the state.Throughout this process there may be disputes. Anyone may make a claim on the estate, either by petitioning the executor or the court. If the claim is rejected, the claimant may file a lawsuit to attempt to prove the claim and collect money. Any dispute generally causes the court to treat the probate more formally, and it may reach the point where the court must approve every transfer of every piece of property.
Avoiding probate - Probate generally lasts several months, occasionally over a year before all the property can be distributed, and court and attorney costs. A way to avoid probate is to execute a living trust. This is a separate entity to which a person transfers ownership of his real property (house, etc.,) from himself to a trust which he controls and can revise at any time (except in the case of an ''irrevocable trust.'') Upon death, the persons named as beneficiaries in the trust acquire ownership of it and, therefore, the property the trust owns. As probate is a public process, a living trust has the added advantage of preserving the privacy of the deceased and his heirs as well as avoiding some inheritance taxestate tax.It must be noted that avoiding probate does not necessarily mean estate taxes have also been avoided, as the laws imposing the federal estate tax have been modified to include within the definition of the person's taxable estate, property held in a living trust, life insurance, "payable on death" financial instruments, and most other property which is transferred from a dead person to a living person in consequence of the death. ''Inter vivos'' trusts can reduce estate taxes if they are properly structured, but that is not related to the avoidance of probate. Generally, to avoid an estate/inheritance tax, a person must give it away irrevocably or leave it to a qualified charity. However the use of credit shelter trusts (also called AB trusts) can allow a married couple to preserve both unified credits, allowing up to twice the total estate to pass to heirs without estate tax. This may reduce or eliminate the total tax the couple would have otherwise paid.
Probate under English law - For an explanation of the probate process in England and Wales, see administration.Category: Legal termsCategory: Real property lawCategory:Wills and trusts
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Websites
California Family Law Certified Specialist Sacramento County
Certified Family Law Specialist Attorney practicing in the Sacramento metropolitan area; family law emphasis in Collaborative Practice and mediation. Probate, wills and trusts assistance. Litigation services available.
http://www.familylaw-sacramento.com/
trustandestate.com
Legal business page of David W. Harper, P.C.
http://www.trustandestate.com
National Organization For Empowering Caregivers
Empowering Caregivers, www.care-givers.com was created to provide a safe, nurturing place for all family caregivers as well as professionals on an emotional and spiritual level. Expert columns feature well-known individuals in the fields of caregiving, self-help and empowerment. There is a monthly newsletter; journal exercises the Empowering Caregivers Community, which offers scheduled chats and forums/message boards. There is a caregiver’s spotlight, which honors a caregiver and caregiving site each month, inspiration, a wealth of resources, gear for purchasing and more. The site is an opportunity for all caregivers to move into forgiveness, to heal and open to the most important healing power there is: LOVE. Empowering Caregivers is under the umbrella of the National Organization For Empowering Caregivers,(NOFEC) www.nofec.org..
http://www.nofec.org/
California Living Trusts
Detailed information about living trusts, wills, probate, and other estate planning subjects.
http://www.ca-trusts.com
Probate Litigation
How to Protect Your Rights as an Heir or Beneficiary of a Washington Decedent's Estate
http://www.probate-litigation.com/
The Rushforth Firm, Ltd.
Home page for The Rushforth Firm, Ltd., a two-attorney Las Vegas, Nevada law firm focusing on trust and estate matters (including estate planning, probate, estate and trust administration, and related disputes) and business planning. Link to estate planning educational pages.
http://www.rushforthfirm.com/
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Resolution Remedies
A better way to resolve disputes without the cost and delay of using the traditional court system.
http://www.resolutionremedies.com/
Washington Probate
How to Probate a Washington Decedent's Estate
http://www.wa-probate.com/
Red Carpet Select Realty
Residential Real Estate Brokerage covering the San Francisco East Bay. Listing Services at a Discount.
http://www.redcarpetca.com/
Legal Information Institute
Primary legal materials and links to a wide array of U.S. and international legal reference websites. From Cornell Law School.
http://www.law.cornell.edu/
FindLaw
Comprehensive legal guide, containing cases, codes, forms, links to law reviews, law schools, bar associations, law firms, experts, CLE courses, and other legal sites.
http://www.findlaw.com
Barnes & Karisch, P. C.
Austin firm specializing in estate planning, probate, and trust law. Offers searchable probate resources, including articles, legislation, and recent cases.
http://www.texasprobate.com/
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