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What is Probate and How Long Does It Take?

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Probate is a legal terminology involving inheritance and the execution of a will after the demise of a relative and concerns with the lawful beneficiaries, who may have a valid claim over the estate of the deceased. The probate process is almost universal with certain variations provided under the laws of inheritance where common law is practiced. Probate is also required in those countries which are under religious laws and do not recognize the will of the deceased if it runs contrary to the religious laws.  At Giles & Robinson, P.A., you will receive probation law services that are tailored to your specific needs.

If this is completely foreign to you, then this article will help ease off the panic and help answer the question of how long does probate take and what it is. It’s important that you get the research done in the correct manner that applies to where you reside and the situation you are in.  

Defining Probate

  1. The legal process by which the assets of a deceased are properly distributed (if he or she made a will) to the beneficiaries or heirs through an executor named in the will, or (if he or she died without a will) according to the local law by a court-appointed administrator.
  2. The certificate that is issued by the court is also known as probate. It states and proves legally that the person who is deceased, has a will that is valid and therefore they can proceed with the necessary steps to carry out the instructions appointed in the will.

What is the process 

What the court needs to do and the role they play is to make sure that all kinds of debts are paid before any kind of distribution of assets can take place.

In the US judicial system, probate can be processed in the following order:

1)  Where there’s a will, there’s a way. If the person who has reported to the Lord above, has left a written will, the administrator is also an executor; otherwise, the court will appoint one.

2)  The will must be proven as valid. Each state has its own rules and laws as to what constitutes a valid will.

3)   The court orders the estate (tangible and intangible properties and assets of the deceased) to be identified and evaluated, mostly through an accredited court-appointed evaluator. The claimants cannot usurp the assets unless the probate cycle is completed.

4)   The IRA happily jumps in and claims a good chunk of taxes both federal and state before any distribution. There is always a danger of debts or counterclaims against the deceased.

5)   The remaining assets are distributed either in accordance with the will or as per the law of inheritance. 

How long does it take?

Probate laws differ from country to country and even in the USA, it differs from state to state. Many determining factors influence the length of time in completion of the probate process till distribution. The duration varies from a few months to three years and decades in complicated cases. The underlying factors may involve; the value of the estate, debts, and taxes, counterclaims at a later stage, availability of courts to hear, to name a few.

In California, the length of the probate process is subject to the amount. The amounts below $150k may be concluded within three months; Florida takes approximately six months; Illinois may complete the process between 6 to 12 months and so on. The probate must be filed within a specified time.

This is why it’s so important to keep yourself well informed on what the law is where you reside, and what the process involves so that you carry it out flawlessly without any issues whatsoever. 

3 thoughts on “What is Probate and How Long Does It Take?

  1. It’s amazing that how many households do not have their paperwork in water. So many families do not have wills and legal documents especially the elder individuals. Some of them are so hardheaded. They just don’t get it Uncle Sam will take A big percentage. Wake up people wake up

  2. Even financial and legal professionals who died at the WRC didn’t have wills and trusts.

    It’s all due to our denial about the subject of death.

  3. How long does it take a while depends on your paperwork if it’s in order or not. If you don’t have any paperwork all your files a mess well takes a long time. That’s why you need to hire a lawyer.

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