QUESTION

What items are included in probate court for a will?

Asked on Dec 06th, 2013 on Estate Planning - Idaho
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7 ANSWERS

Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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If the decedent's estate includes assets valued in excess of $100,000, or real estate, a probate must be opened for the estate. Assets that are subject to probate are those assets that are owned by the deceased individual and are not transferred to a designated beneficiary by their own terms or the form of ownership. For example: real estate might be owned in joint tenancy with rights of survivorship and upon the death of one of the joint tenants the survivor becomes the sole owner and can deal with the property without the need for probate; life insurance often has a designated beneficiary such that upon delivery of proof of the death of the insured, the insurance company distributes the benefit to the named beneficiary without the need for probate; similarly, certain financial accounts and deferred income accounts might have designated beneficiaries and upon proof of death provided to the financial institution the account is distributed to the designated beneficiary in accord with the terms of the account. When an asset is owned by the deceased and an act of the deceased is required to transfer ownership then a probate is required to appoint a representative for the decedent's estate. Since the deceased cannot act, the court appointed representative is granted the authority to deal with the assets of the deceased and to transfer the assets of the deceased. The Court supervises the probate estate to ensure that the proper parties designated in the Will receive distribution of their legacy as directed by the deceased in the Will.
Answered on Dec 10th, 2013 at 4:21 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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All assets of the estate are included in the probate process except those items that have a named beneficiary, such as insurance policies.
Answered on Dec 09th, 2013 at 10:27 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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It is not clear what you are asking. Assets that need to be probated are any assets titled solely in the name of the deceased, which do not have beneficiaries designated. What is mentioned in a Will is not necessarily relevant. For example, if you say, "I leave my Chrysler Lebaron to my friend, Chuck," and the Lebaron is jointly held by you and someone else, the Will provision does not apply. Title is the key. The Will cannot be effective outside of probate, but assets can easily pass outside of probate, depending on how they are titled.
Answered on Dec 09th, 2013 at 10:27 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Any and all real and personal property belonging to the deceased.
Answered on Dec 09th, 2013 at 10:26 PM

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Probate Attorney serving Las Vegas, NV
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All assets without a beneficiary designation. I urge you to consult with a probate attorney where the decedent resided.
Answered on Dec 09th, 2013 at 10:26 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Each state is different. You need to look up the probate statute to see what is required. The court may have forms for you to use which would guide you.
Answered on Dec 09th, 2013 at 10:26 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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That is a very broad question and it is not clear what you are trying to do. If you want to probate a will, it is a complicated process that requires a lot of forms and deadlines. See an attorney for help. Probate fees are paid out of the estate at the end of the probate so there is no reason not to hire an attorney.
Answered on Dec 09th, 2013 at 10:26 PM

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