The Importance Of Family Probate

By Matthew Ellis


Probate may have different meanings depending on context in which it is being used. It could refer to the process of presenting a will to court for filing purposes. On the other side, it could refer to a process of administering and processing an estate using correct legal procedures, after the death of the estate owner. Family probate is very important in ensuring that property is distributed in an orderly manner.

There are individuals who leave will behind stating how and to who their property should be shared to. Others die without defining how they wish to distribute their property. This is a complex situation and may result into devastating conditions if law is not followed correctly. Probation is done with or without a will. It helps in ensuring that distribution is accomplished in required manner.

If the dead person did not leave a will, or the one left does not talk about the entire property, the law used in the City of Dallas, TX comes into play. Law is applied in determining right beneficiaries of property. In addition to that, the quantity to be shared is also defined.

Probate court has the mandate of overseeing entire probate process. It is important to note that process varies from one State to another. However, there are general steps, which are similar in all States. The initial step is the swearing of personal representative. This is the person stated in the will, to oversee the distribution of property.

Personal representatives have the mandate of ensuring that sharing of property that was previously owned by the deceased is done fairly. Will, of the deceased states who should be representative. However, a court may choose another one, if the stated is unable to perform the task. In cases, the deceased did not leave a will, court chooses a representative. One may also be chosen if deceased left a will that for a certain proportion of the property.

Representative appointed by court or that stated within will left by the deceased, has the duty of informing public that the owner of a certain estate is dead. This is usually accomplished by publishing death notice on local media. This will not only be of importance to creditors, but also to other individuals who may be interested with the estate. Those interested are then allowed to follow the acceptable procedure when applying to receive a share of property within the required time.

Inventorying stage is important because payment of debts and also distribution of property to the beneficiaries are done in right manner. The process is also important in ensuring that all the assets available are accounted for. In case of a missing property, right procedure is followed with intention of acquiring it back.

Distribution process then follows. The correct procedure requires that the debts left behind by the deceased to be settled first. On completion of this, beneficiaries are then allowed to receive the share in correct quantities. Personal representatives are usually protected by law provided he or she conducts the process in a legitimate manner.




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