QUESTION
What does it mean to go through probate?
Asked on Oct 11th, 2011 on Estate Planning - Texas
More details to this question:
My uncle just passed away. I am his only living relative. I contacted his bank to close out his accounts (to pay for his funeral) but I was told since he had no will, I will have to go through "probate". What does that mean, and do I need to have an attorney or can I do it myself?
5 ANSWERS
Glen Edward Ashman
Probate is the process by which his debts are paid and heirs get the rest. Yes, you should get a lawyer.
Answered on Oct 28th, 2011 at 1:21 PM
3 Awards
Having or not having a Will is not determinative of whether probate is necessary. Depending upon the total value of all of your uncle's assets that do not have named beneficiaries, joint tenants or held in trust will determine if a probate is necessary. You may need a simple affidavit, to proceed with a set aside petition or you may in fact require a probate to administer your uncle's assets. You probably should consult with counsel about the specific facts of your case, or you may try to navigate the probate arena on your own and utilize the forms available at the self help center at Family Court.
Answered on Oct 12th, 2011 at 10:35 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
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You may not need to go through probate. Contact a lawyer and see if your uncle's estate can be resolved without probate. If probate is needed, you should hire a lawyer, although you do not need to.
Answered on Oct 11th, 2011 at 5:42 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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Probate is a court ordered process for transferring the assets of a decedent to heirs and making sure creditors are paid. You could do a probate yourself, but given the notices that are required and the limits on what you are supposed to do it would be best to hire a lawyer. The process takes about 5 months if there are no complications. It starts with a petition that includes a death certificate and information about all heirs and beneficiaries. If there is no will, you will almost certainly have to post a bond to be appointed as personal representative. Once the petition is approved by the court, you would be appointed as personal representative and given authority to gather and manage the decedent's assets and pay creditors. You would have to try to locate and send notices to all creditors and file an inventory of the decedent's assets. At the end of the probate, if the court is satisfied that creditors have been paid and there are no unresolved objections, the court would allow the decedent's assets to be distributed to you. If the decedent's assets were not high in value, it is possible to do a simpler small estate affidavit procedure instead of probate.
Answered on Oct 11th, 2011 at 4:21 PM
2 Awards
Probate is the process where you prove someone is dead and you administer their estate. You should get a lawyer to help you, as it can get tricky fast.
Answered on Oct 11th, 2011 at 3:35 PM