A probate estate isall the assets a person owns at his or her death that are subject to probate administration. Probate administration is the process of proving to a probate court that the will is genuine. The following types of assets comprise a probate estate: All assets held in the decedent (deceased person) name alone.
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What is probate and how does it work?
In easiest-to-understand terms, probate is simply the legal procedure your estate goes through after you pass away. During this legal proceeding, a court will start the process of distributing your estate to the proper heirs. Probate is always easier if you have a Will and/or Living Trust that clearly defines your wishes.
What is included in probate estate?
Probate estate includes the decedent’s own property, but not the assets placed in trust, payable-on-death accounts, or other assets over which the decedent had control, but did not directly belong to him/her. The probate estate is discharged through the decedent’s will.
What is the next step in probate?
Once the probate estate has been opened with the probate court, the next step in probating the estate is to establish the date-of-death values for all of the decedent’s assets.
What happens to an estate when someone dies?
After a person dies, their estate must be dispersed to the appropriate beneficiaries. This generally happens through a legal process known as probate. A probate estate is one that must go through this process before their heirs can take ownership.