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What is probate?

What is probate?

Estate administration is an important part of life and death. During someone’s lifetime, they should plan for the administration of their estate after their death. This can be a beneficial process because it will allow their loved ones to understand how they want their assets to be distributed after their death. After death, estate administration still has some aspects that need to be completed. Probate is a process that is involved in estate administration. Probate legalizes documents involved in the planning of estate administration. These documents can include a will, which is made by an individual. There are certain procedures that need to be followed to ensure that a will was made legally. The one making the will should not be deceived or convinced in any way. They must be of a clear state of mind to show that they were capable of making decisions for their will.

The executor of the estate is named in someone’s will. They will have to bring the will to probate once the individual dies. This can then allow the will to be processed and examined for the distribution to occur. An executor of the will has to carry out tasks that were left behind, which can involve paying for debts and taxes. Executors must take their role seriously as they are the ones who are now representing this individual’s estate. 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?

The distribution of someone’s estate is an important part of the process. In their will, they have named beneficiaries to collect assets. They could have given their house to their child. They may have named a sentimental item to a close friend. Whatever the case is, these beneficiaries are entitled to that piece of property. When all the proper documents are filed with the Surrogate’s Court, 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.

Stone Crosby, P.C. has proudly served clients in Alabama for over 100 years. Our firm has experience handling matters including divorce and family law, estate planning and administration, business law, employment law, class actions, consumer protection, business law, real estate law, among many others. If you require quality legal representation, contact our firm today to schedule a consultation.

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