When is Probate Necessary?
When a person dies, their "non-probate" assets will automatically pass by law to designated beneficiaries without court supervision or intervention. Non-probate assets include life insurance, living trusts, retirement accounts, joint bank accounts or bank accounts with named beneficiaries, payable on death (POD) accounts, and "joint tenancy" property. All other assets titled solely in the decedent's name at death like household and personal items, bank accounts, stocks, automobiles, and real estate are considered "probate assets," and must be administered in a probate proceeding.
Other Probate FAQs
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How can a Probate Attorney Help Me?
A: Whether or not the estate needs to be administed in a probate proceeding, a probate attorney can help in many ways. For one thing, the probate attorney can help you … More -
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What is a Probate Court?
A: In many states, the probate court serves several functions. The most common is administration of the estates of persons who die, called a probate proceeding. However, … More -
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What is a Probate Proceeding?
A: In a probate proceeding, the court oversees the process of identifying the deceased person's property, paying any debts, identifying the proper heirs, and … More -
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How are Probate Assets Distributed in a Probate Proceeding?
A: After the court determines which assets are non-probate assets, (depending on state laws) the estate is typically administered in one of three ways: •By … More -
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Who is in Charge of Administering the Estate?
A: The personal representative (a person, bank or trust company) appointed to represent the person of the decedent is in charge of administering the estate. The personal … More -
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What does the Personal Representative Do?
A: Pursuant to state law, the personal representative performs the following duties when administering the estate: •Identify, gather, value and safeguard probate … More -
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Who (or What) can be a Personal Representative?
A: It depends on your state laws. However, the following are general guidelines. The personal representative: •Could be an individual, bank, or trust company, … More -
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How are Personal Representatives Selected by the Court?
A: If the decedent left a valid will, the designated personal representative nominated in the will has preference to serve, and will generally be selected by the court … More -
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Does the Personal Representative Need an Attorney?
A: In almost all instances the personal representative must be represented by an attorney licensed in the state in which the probate proceeding is taking place. Many … More -
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What Documents Does a Personal Representative Need to Start Probate?
A: The following are documents the personal representative needs in order to start probating the estate. This list is not all inclusive, and may or may not include what … More
