WHAT IS PROBATE?

In the most simplest terms, probate is a court-supervised process for transferring a deceased person’s assets to the beneficiaries listed in his or her will. Typically, the executor named in your will would start the process after your death by filing a petition in court and seeking appointment. Your executor would then take charge of your assets, pay your debts and, after receiving court approval, distribute the rest of your estate to your beneficiaries. If you were to die intestate (that is, without a will), a relative or other interested person could start the process. In such an instance, the court would appoint an administrator to handle your estate. “Personal representative" is another term used to describe the administrator or executor appointed to handle an estate.


Simpler procedures are available for transferring property to a spouse or for handling very small estates.




The probate process has advantages and disadvantages. The probate court is accustomed to resolving disputes about the distribution of assets fairly quickly through a process with defined rules. In addition, the probate court reviews the personal representative’s handling of each estate, which can help protect the beneficiaries’ interests.


One disadvantage, however, is that probates are public. Your estate plan and the value of your assets will become a public record. See my post on why you need an estate plan for hazards that can happen if you leave an inheritance to a minor through the probate process.  Also, because lawyer’s fees and executor’s commissions are based on a statutory fee schedule, a probate may cost more than the management and distribution of a comparable estate under a living trust. Time can be a factor as well. A probate proceeding generally takes longer than the administration of a living trust. Discuss such advantages and disadvantages with your estate planning lawyer before making any decisions.

Need estate planning?  Contact Roxanne at www.roxanneolson.com.