Under state law, when a property owner dies, their assets must be distributed to the people named in their will.Thebate process is a court supervised process that includes proving the authenticity of the deceased person's will, appointing an executor to handle the estate, and paying debts and taxes.You can learn how to start the process.
Step 1: You have to find the will.
You need to locate the will immediately if it says who will inherit the property.The will also names someone.Any codicils should be gathered as well.The person who has the will at the time of the testators death must take it to the court within 30 days.The custodian can be sued for damages if they fail to do this.If there isn't a custodian, look for the will in filing cabinets and desk drawers.If you can't find the will in obvious places, look for it in safe deposit boxes or the local court.State intestacy laws allow you to proceed if you can't locate a will.According to a state statutory scheme, intestacy laws give a way to distribute property without a will.
Step 2: The death certificate can be ordered.
You will need a number of certified copies of the death certificate to serve as evidence in the case of a death.Ask for at least ten copies.Some certified copies of the death certificate can be provided by the mortuary that handles the funeral.Death certificates can be ordered from the department of vital records in your state.To order death certificates from the department of vital records, you will need to provide a valid government issued photo ID and two of the following documents that include your name and address: telephone bill, utility bill or letter from a government agency.In some states, the only people who can order copies of the death certificate are family members or the will's administrator.
Step 3: There are required documents to be gathered.
There are many other documents that you may need, including the will and death certificates.You need to gather these documents before you start the process.Bank account information, inventory papers, stocks, and bonds tax returns are related to the property of the deceased.
Step 4: All of the documents need to be organized.
Take some time to organize the documents that you have gathered.An accordion style file folder will keep the documents separate and easy to find.The tabs should be labeled to show what documents are in each section.You will have to search if you don't have any of the documents you need.You may be able to get the documents you need from the accountant, manger of the bank, and any other professionals.
Step 5: Determine if it's necessary.
Sometimes it is possible to avoid the process.Check your state's laws for details.If the estate is worth less than $100,000, there is no need for a will.If the decedent created mechanisms for passing their property outside of probate, there is no need for a court order.Joint tenancy property, household goods and other property that goes to immediate family members under state law are some of the common assets that don't go through probate.
Step 6: Determine if you should use a simple procedure.
Many states offer an informal process that is quicker and easier than the formal one.States use a dollar amount to determine whether an estate is eligible for summary administration.The estate can't be worth more than $150,000 in California.Make sure to check the laws in your state before proceeding with simple probate.
Step 7: Determine if you should use it.
This is the best option for estates that are too complex to qualify for summary administration.If there are disputes between beneficiaries or challenges to the will, you will need to use a formal procedure.
Step 8: There are deadlines in your state.
Most states do not have a deadline for starting a probate proceeding, but some do.Some states require that probate begin within three years after the death.
Step 9: The court must appoint an administrator.
In most cases, courts will honor the wishes of the testator and appoint an administrator.State law determines who has priority to serve if there is no will.The family members or other named in the will can also begin the probate process.
Step 10: The court has the power to name an administrator.
During the execution of a will, the executor is responsible for distributing assets, maintaining property, and paying bills and taxes.The executor has to make court appearances.If you are named in the will or not, you can petition the court to name an heir.You need to file an application for a death certificate with the court in order to be named the original will's heir.
Step 11: You have to attend the first hearing.
The court will schedule a hearing to give interested parties a chance to object to the appointment.All interested parties should be aware of the time and date before the hearing.Most of the time, the hearing is a formality and no one objects to the appointment.The court will allow the executor to act on behalf of the estate if they are approved.If there is no will, these are called letters of administration.The court will open the case after approving the executor.
Step 12: You can publish and send notices.
If you are named the administrator, you will be responsible for sending out notices of the will.In most states, a notice should be published in the local newspaper.
Step 13: Post the bond.
An insurance policy that protects the estate beneficiaries from any losses to their inheritance is called a bond and is required by the court.The court will often waive the requirement if the will states that no bond is required.The bond amount depends on the size of the estate.
Step 14: Make sure that the will is valid.
If there is a will, it's a part of the process.The will cannot be distributed until it is proven to be valid.If you want to prove that the will is valid, you need the statements of witnesses who signed it.The following types of witness statements are allowed by the courts.