Frequently Asked Questions
When a loved one passes on, probate can be one of the most onerous responsibilities someone might be faced with in their lives. Decisions need to get made. Assets need to be sold off, given away, or donated. The heirs all offer their input. Its hard to know the best way to navigate the probate process, especially if you haven't been through it before.
If you or someone you know is going through probate, you are not alone. Today, millions of Americans are worried about being responsible for a loved one's property that might be in another state, in need of repairs, and paying the bills when the estate has limited liquidity.
It is understandable to have lots of questions. The reality is millions of Americans who have recently lost of loved one have more questions than answers. We hope the following information will help you.
If questions are missing, feel free to contact us. We updated these on a regular basis and there are always questions that come up that we haven’t included here.
GLOSSARY OF IMPORTANT PROBATE TERMINOLOGY
Probate
Probate Court
Personal Representative (Executor / Executrix)
Joint Tenancy With Rights of Survivorship
Testate
Intestate
Codicil
PROBATE DEFINITIONS AND GENERAL INFORMATION
What is probate?
How does the probate process work?
How long does probate usually take to complete?
Why is probate actually required?
How much does probate cost?
If there is a really small estate, is probate still necessary?
What goes on in the probate of an uncontested will?
Where is probate handled?
Can I handle probate without a lawyer?
DEFINITION AND DUTIES OF THE PERSONAL REPRESENTATIVE / EXECUTOR / EXECUTRIX
What happens when the person who dies owned land in multiple states?
Who is legally responsible for handling the probate process?
What are the main duties of a personal representative?
Can there be more than one designated personal representative?
Is it necessary for the personal representative to live in the decedent’s state?
If I am named as the personal representative, do I have to accept the job?
Are personal representatives usually paid for their work?
What happens if the personal representative fails to perform his or her duty?
CONTESTED WILLS
What if someone objects to the will?
What is the basis for a will contest?
How can a will be “contested”?
What happens if a will cannot be found?
How can I avoid probate of my estate?
How can I found out if there was a will?
What is there is no will?
PROPERTY ISSUES
What happens when the person who dies owned land in multiple states?
Is it necessary for all of the decedent’s property to go through probate?
PAYMENTS AND TAXES
How are creditors against the estate handled?
Do beneficiaries have to pay creditors out of their own pocket if the estate is insolvent?
How are taxes handled in probate?
PROVISIONS FOR CHILDREN AND SURVIVORS
Are provisions for the care and guardianship of minor children usually provided for in a will?
How does “joint tenancy” effect a will?
Are there any specific rules about how property can be disposed of?
QUESTIONS ABOUT WILLS
What are the actual requirements for a will to be valid?
After a will is created, can it be modified?
Should a will provide a separate list that details and bequeaths specific personal property?
When should I make a will?
What if there is no will?
What happens if a person dies without leaving a will?
What happens if a will cannot be found?
Who can or should draft my will?
MISCELLANEOUS ISSUES
Must a will actually be read out loud to the family by the personal representative or attorney?
If you or someone you know is going through probate, you are not alone. Today, millions of Americans are worried about being responsible for a loved one's property that might be in another state, in need of repairs, and paying the bills when the estate has limited liquidity.
It is understandable to have lots of questions. The reality is millions of Americans who have recently lost of loved one have more questions than answers. We hope the following information will help you.
If questions are missing, feel free to contact us. We updated these on a regular basis and there are always questions that come up that we haven’t included here.
GLOSSARY OF IMPORTANT PROBATE TERMINOLOGY
Probate
Probate Court
Personal Representative (Executor / Executrix)
Joint Tenancy With Rights of Survivorship
Testate
Intestate
Codicil
PROBATE DEFINITIONS AND GENERAL INFORMATION
What is probate?
How does the probate process work?
How long does probate usually take to complete?
Why is probate actually required?
How much does probate cost?
If there is a really small estate, is probate still necessary?
What goes on in the probate of an uncontested will?
Where is probate handled?
Can I handle probate without a lawyer?
DEFINITION AND DUTIES OF THE PERSONAL REPRESENTATIVE / EXECUTOR / EXECUTRIX
What happens when the person who dies owned land in multiple states?
Who is legally responsible for handling the probate process?
What are the main duties of a personal representative?
Can there be more than one designated personal representative?
Is it necessary for the personal representative to live in the decedent’s state?
If I am named as the personal representative, do I have to accept the job?
Are personal representatives usually paid for their work?
What happens if the personal representative fails to perform his or her duty?
CONTESTED WILLS
What if someone objects to the will?
What is the basis for a will contest?
How can a will be “contested”?
What happens if a will cannot be found?
How can I avoid probate of my estate?
How can I found out if there was a will?
What is there is no will?
PROPERTY ISSUES
What happens when the person who dies owned land in multiple states?
Is it necessary for all of the decedent’s property to go through probate?
PAYMENTS AND TAXES
How are creditors against the estate handled?
Do beneficiaries have to pay creditors out of their own pocket if the estate is insolvent?
How are taxes handled in probate?
PROVISIONS FOR CHILDREN AND SURVIVORS
Are provisions for the care and guardianship of minor children usually provided for in a will?
How does “joint tenancy” effect a will?
Are there any specific rules about how property can be disposed of?
QUESTIONS ABOUT WILLS
What are the actual requirements for a will to be valid?
After a will is created, can it be modified?
Should a will provide a separate list that details and bequeaths specific personal property?
When should I make a will?
What if there is no will?
What happens if a person dies without leaving a will?
What happens if a will cannot be found?
Who can or should draft my will?
MISCELLANEOUS ISSUES
Must a will actually be read out loud to the family by the personal representative or attorney?
