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Probate Process

The probate process can be simple or difficult depending on the size of the estate and number of people involved. If there is a will, the probate process starts with validating the will. Next, the court insures that creditors have the opportunity to collect on debts owed to the estate, this is often done through public notice of the death. All family members and interested parties of the deceased must also be notified of the individual's death and allowed to examine the will if they show choose. During the probate process, the court has forms that are filled out and recorded to show how each step was completed. These are filed in the probate court and made a matter of recorded. The executor or administrator also presents the court with a valuation of the estate's value and pays any taxes due. These steps can be lengthy and consume a lot of time but are necessary.

Fast Facts

  • The probate process can take anywhere from a few months to a year or more, depending on the complexity of the estate and the difficulty in locating heirs and creditors.
  • The probate process can often be handled by a laymen with guidance from the probate clerk and information on the Internet; however, complex estates should be handled by attorneys.

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