| The Probate Process--What Happens |
| The probate court handles the administration of the estates of persons who die. The probate court also handles guardianships and conservatorships. In a probate proceeding, the court oversees the process of identifying the deceased person's property, paying any debts, identifying the proper heirs, and distributing the property to the appropriate heirs or beneficiaries. Most of the actual work is done by an personal representative or executor with the assistance of an attorney and sometimes an an appraiser and accountant. Not all of a deceased person's property is subject to the probate process. Life insurance, retirement accounts, and "joint tenancy" property all pass directly to the appropriate beneficiary automatically, without any court involvement. Probate provides court supervision to make sure a deceased person's property is accounted for and distributed to the proper beneficiaries. Once the probate "creditor's claim period" expires (typically four months after the personal representative or executor is appointed) it is very difficult for creditors or others to claim any interest in the estate. Continue |
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| Learn on this site how to do good estate planning and good asset protection. Learn also how to coordinate your business planning with your estate planning. |
| Estate Planning & Asset Protection |
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