How To Settle an Estate Without a Will? | What is Probate Court?
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How To Settle an Estate Without a Will? | What is Probate Court? |
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This Video Uploaded At 08-03-2021 22:00:28 |
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Let's talk to you about Wills and leaving stuff behind for your family. I know, boring, but we will go over how to settle an estate without a Will. Probate is the legal process that manages the assets and liabilities of the person who passes away. If you have an older family member, and you stand to inherit the house or other IRA type of assets, then you really need to hope they have a will. Otherwise everyone else who showed up at the funeral will now have to fight it out in Probate Court.
Similarly, if you're young, it may not be important to you now, but if you have a wife or child, then itโll definitely save you and your family a lot of stress down the road if you get your affairs in order as early as you can.
NOTE: The information provided by John Ross is intended for entertainment use only. Please consult with a registered professional before acting on any information herein. This is a loose guide, nothing more.
00:00 What is Probate Court?
00:56 What is Intestacy?
01: 58 What Happens When There Is No Will?
03:34 Who gets the Good Stuff?
04:41 Family Squabbles
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The term Intestacy refers to a person's estate when they die without a will. Any existing real estate holdings will be split up by the Court, as well as bank accounts, securities, and life insurance proceeds. If they own property that is worth more than the debts they have, then the Probate Court will take charge of distributing the assets of the deceased.
This happens when the testator doesnโt have a will that contains instructions on how the assets will be passed on to the heirs or beneficiaries. In this case, the person is said to have died intestate. A Court-appointed administrator will then compile assets, pay liabilities, and distribute the remaining assets as needed according to state laws.
When a person dies with no will, the next of kin will be handed down the assets of the deceased, as in the Law of Intestate Succession. Either the designator of the will for the deceased or a surviving family member will file a petition for Probate with the Probate Court System of the state. The Court will appoint someone as the executor or administrator of the estate. If youโre planning on serving as the administrator, remember to review the assets of the deceased to check if the estate qualifies for an Estate Probate exemption. Then, identify which county youโll file for Probate.
Prepare a certified copy of the death certificate and bring it to the Courthouse. You also need to request forms to petition for Letters of Administration so that you can officially ask the Court to act as the personal representative.
If there is no Estate Plan, Intestate Succession dictates the order of how heirs inherit the estate. I mean, who has the first right to inherit? At least half of the estate will go to the surviving spouse. However, the whole thing may go to the spouse if there are no living children or grandchildren. If all are living, spouses and children share the estate. Next in line are the parents and siblings, followed by other relatives depending on the state. Adopted children are heirs, but stepchildren are not considered heirs if there is no Will to indicate such.
Not having a will can help cut off creditor claims and resolve conflicts on claiming property. Intestate succession will decide the order of who takes what first, so disputes can be put to rest and family feuds avoided. |
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