Stalions Law Blog

WHAT EXACTLY IS PROBATE?

WHAT EXACTLY IS PROBATE?

Probate means to "prove the Will." It is the court supervised transfer of assets to one's heirs and creditors.

Probate is a public process and all documents filed in the Probate Case are available for inspection.

How long does it take? A rather simple estate may take from 6 months to 2 years. More complicated estates, generally take much longer--some of them stretching over many years.

After your death, the Personal Representative (sometimes called the Executor) has the responsibility to locate the original Will and file it with the Court to commence the Probate Case. Then a complete inventory of all of the assets of the Estate must be compiled including estimated values and then the Inventory document is filed with the Court.

In order to sell any assets to convert them to cash it is necessary to seek the approval and authorization of the Court.

The opening of a Probate case requires the payment of a filing fee paid out of your estate.

Most people find it necessary to hire an attorney to assist them with the probate process.

The average costs of probate, including filing fees and attorney fees, generally runs about 5% of the total estate.

A Probate Estate of $500,000.00 could cost up to $25,000.00. As you can see, it is not cheap and adds up quickly.

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