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What is Probate?Probate is a legal process for the transfer of assets-houses, cars, stocks, bonds, boats etc. From the deceased persons name to his or her estate so they can be sold or distributed to heirs. A) Probate is a process. B) Probate takes place in the county of the decedent's residence. C) Probate oversees the settlement of an estate. D) Probate validates terms of a will, if there is one. E) Probate pays legitimate creditors. F) Probate distributes remaining assets. G) Probate files are public information.
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Is probate necessary?In most situations, Yes! Many types of property cannot be passed on to the family without going through the probate process.
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When probate is not needed?* If decedent held an asset in joint tenancy. * If real estate is held in community property. * When estates is valued at 150,000 or less. * When assets/ estates are held in a trust. * Designated Beneficiary.
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Who are the key Players?A) Personal Representative also known as PR, Executor or Administrator. B) Probate Clerk. C) Probate Attorney. D) Heirs/ Beneficiaries.
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Where to Start?* Determine if there is a will and locate it. * Gather the most recent bank statements, credit card statements, statements for other financial accounts and identify life insurance policies. * Start collecting the mail, prepare to open the estate in probate court. * File the Petition.
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3 phases to settle estate.Appointment: The goal on this phase is to open the estate and have an executor or administrator appointed to manage the estate. Administration: In the second phase, we assess and gather the estate property, determine what will be sold, identify and pay creditors properly and in the right order and prepare to make distributions to the family. Distributions And Discharge: In the third stage, the distributions are made per the will state Law, and the estate is closed. This can take 6 to 12 months. A Legal document may be needed in order to collect the assets of an estate to carry out tasks. The document is Grant of Probate if there is a Will and Grant of Letters of administration if there isn't.
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Special types of Probates.* Conservatorship. * Guardianship. * Living Trust.
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Personal commitment and fiduciary duties.*Knowledge: To guide you and make sure you understand the process and the next steps. I will always communicate with you and Attorney. *CARE: Use all of my skills to the best of my ability on behalf of my client. *Loyalty: Owe undivided Loyalty to My Clients and put your interest above my own. *Obedience: Obey all LAWFUL orders that the client gives me. *Disclosure: Disclose any information that I receive that may be beneficial in a negation.
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