What is probate?

What is probate?

Probate is a process involved in estate administration that legalizes documents to prove that they can be used to administer a deceased person’s assets. When a will is created by someone to plan for their assets after death, there are certain procedures that need to be followed to ensure that the will was made of the person’s own accord and is proven to be legal. The person who created the will cannot be convinced or duped in any way to act according to someone else’s wishes. The individual should be in a clear state of mind when creating this will. They should not be interrupted due to illness of the mind. After the individual dies, the representative of the estate will have to bring the will to probate to allow for the estate administration process to begin. This can then allow the will to be processed and examined for administration. An executor of the will has to carry out tasks that were left behind by the deceased individual. This can involve paying for debts and taxes that are outstanding. Executors must take their role seriously as they are the ones who are now representing this individual’s estate and must complete these tasks to have the process go properly. They also have to gather and distribute the assets that are named in the will to be given to a specific beneficiary.

When are assets distributed to beneficiaries?

Once all the proper documents are filed with the Surrogate’s Court by the executor of the will, the heirs of the estate should receive a citation that establishes the Surrogate’s Court where probate will occur. This citation will also include a list of the rights of all interested parties and the responsibilities that the executor must complete. When no issues are present, the executor can then carry out the wishes outlined by the testator and administer the will. At this time, the executor should have all the assets that are to be distributed. The administering of the assets can be done and the beneficiaries will receive what is named to them. This can prove to benefit them by gaining this asset or property.

The attorneys at JD Katz have years of experience compassionately guiding clients in Maryland through the estate planning and administration process. Our firm also has experience with matters of elder law, business law, tax law, and litigation. For a legal team that will put your needs first, contact JD Katz today.

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