Process Essay: The Six Steps Of Probate

Improved Essays
The six steps of probate
Overview
Upon the death of a person, their property, both the estate and personal belongings enter probate. This process can be short or lengthy. The time span is determined by different factors. In the circumstances that you have been named as the person who will execute the estate, then you will have to follow the six steps of the probate process. Having a clear understanding of these six steps can help make the process seamless.
Step 1: Prepare an inventory of the assets and estate planning documents of the decedent.
Since you are the executor of the estate, the first responsibility on your hands is to establish whether the decedent left any funerary instructions, revocable living trust, and a last will, and testament.
…show more content…
You could do this with the help of your lawyer or you could enlist the services of an accountant. Federal estate taxes may also be levied. You will also be expected to prepare and file the yearly income taxes of the decedent. It may be a requirement to submit IRS Form 706, which is the federal estate tax return.
Step 6: Distribute Remaining Assets to Beneficiary
The executor can only disburse the assets to the beneficiaries upon the completion of these steps. The only possibility that can drag the process for a long time is when there are conflicts emerging amongst the heirs.
Conclusion
Probate is an activity that takes quite some time. There are a lot of details to be taken care of and each of the process mostly takes more than a month to be completed. Many people prefer selling a home in probate since it is easier. It also allows them to proceed with other events more quickly.
You can work with a reputable investor in your locality and you will have the money from the sale of the home of the home within ten days. This reduces the long waiting period of many months. It is important to know the rules of your probate court since not all of them allow the sale of homes during probate. If you need more clarification on probate, how it works and the options available for you, click

Related Documents

  • Improved Essays

    Eastlake

    • 1753 Words
    • 8 Pages

    Homeowners tend to go into foreclosure because they sometimes owe more than what they are able to sell their homes for, and in turn cannot repay their mortgages. As Marissa Weiss, author of “Attack of the Zombie Properties” explains, the title owner often assumes that the beginning of a foreclosure process signals that the lender, often the bank, is assuming responsibility for the property and that they must immediately vacate the property (Weiss 491). This assumption fails to account for the fact that foreclosure processes are rarely timely and often take years to complete by obtaining a judgement of foreclosure and sale; some foreclosure processes are never complete. She goes on to explain that while the process moves along, the bank which holds the lien on the property will normally pay the taxes on the land to stop municipality from regaining title to the property. This is often where their involvement ends.…

    • 1753 Words
    • 8 Pages
    Improved Essays
  • Decent Essays

    Do some homework and invest some time to explore more about Probate Attorney at Wildomar. You will come to know about many things that will help you out. Do not forget to share the information with your friends. May your idea can help somebody to get out of the puddle. If you are searchingfor a competent Probate lawyer, then Wildomar Probate…

    • 343 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    If the distribution plan involves multiple trusts, each trust needs its own federal tax identification for entitlement. Assets not retitled to the trust will go to probate on the death of the grantor. The purpose of working with a Calabasas trust administration attorney is to avoid non-compliance with the state of California estate law. On the death of the grantor, the law requires notices to all beneficiaries and heirs within 60 days.…

    • 612 Words
    • 3 Pages
    Decent Essays
  • Great Essays

    Florida Home Case Study

    • 1039 Words
    • 5 Pages

    If you plan on selling your home in Florida, then you are about to undergo a long and complicated process that can either go very smoothly or very roughly. The best thing you can do when it comes to selling your Florida home is to be informed and prepared for any possible legal scenario, whether good or bad. So if you are planning on or about to begin selling your home in Florida, here are six legal problems that can arise and which you should be prepared for or avoid at all costs. Disclosure When it comes to…

    • 1039 Words
    • 5 Pages
    Great Essays
  • Decent Essays

    By talking about our situation to our friends and loved ones, a few of them have actually suggested that we should bring the case to an experienced "Temecula probate attorney". I only understood 2 out of three words here, however I did not desire to bother other individuals about more of my questions, that's why I chose to look for a respectable lawyer near me in this side of…

    • 557 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    The first step is to realize what has happened, who was involved and document Who? , What?, When?, Where?, and How? Next the funeral home will contact their legal representive and explain the mishap. They will also contact their insurance agency and aware them of what is going on.…

    • 720 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    In the living trust, it consists of sections. Starting with the certificate of trust, certificate of trust will be a basic summary of you trust but leaves out the details of what property is held in the trust and the identity of the beneficiaries. Its purpose is to allow a person to know the correct name of the trust and to be sure that the trust has power over its assets. Marital property agreement, refers to all possessions and interests acquired by a couple during the period of their marriage. Last will and testament, is a legal document that lets you, the testator, designate individuals to receive your property and possessions when you pass away.…

    • 260 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    It depends on a particular circumstances. If Phil does not will back the property to March, then the basis of the assets will be stepped-up to their value as of Phil’s date of death. In the event the property is willed back to Marcy, a step-up in basis still occurs if the date of the gift precedes the donee-spouse’s date of death by more than one…

    • 67 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Estate Planning Dbq

    • 928 Words
    • 4 Pages

    Estate planning comes in many forms, and Probate Attorneys in Mesa Arizona become of great help in ensuring all steps are completed properly. What Does Estate Planning Entail? Many individuals, when they think of estate planning, automatically bring to mind a last will and testament, yet this field encompasses a great deal more. Documents that outline how a person wishes their assets to be distributed, their pets to be cared for, who will be named guardian of any minor children and more fall under this field of law. In addition, when children with special needs are involved, regardless of their age, estate planning is designed to ensure they receive the care they need throughout life.…

    • 928 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    If you are currently in the process of working on planning your estate, you need to contact an estate administration attorney. You need to find an estate administration attorney and paralegal whom you feel comfortable working with to execute your final plans. Although your attorney will draw up all the legal paperwork, their paralegal will do a lot of the leg work and will work closely with you on gathering all the information needed for the legal documents that will need to be created in order to carry out your wishes. Here are a few ways that your attorney's paralegal will work with you to help create your plan for your estate. Conduct An Information Interview…

    • 513 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Real Estate Attorney

    • 614 Words
    • 3 Pages

    Purchasing a home is one of the biggest things you will ever do in your life. And, the actual transaction of the purchase can be very long and complicated. If anything is done incorrectly and mistakes are made, it could result in some serious problems. People have differing opinions about the importance of real estate attorneys, but make no mistake, this is a very important person to hire when you are purchasing a home, be it your first time or your tenth time. As you will see below, there are many steps to be taken when purchasing a home and there are several things that could go wrong.…

    • 614 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Government When it comes to death and dying, there are many legal laws and regulations that come into play. For example, the North Carolina Department of the Secretary of State Advance Health Care Directive Registry. These are where legal documents where you give instructions about your health care if you are not able to speak for yourself (Marshall, 2007). The different types of Advance Health Care Directives are a power of attorney, “declaration of a desire for natural death”, instructions for treatment, and “declaration of anatomical gift” (Marshall, 2007).…

    • 980 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Elder Law Essay

    • 1699 Words
    • 7 Pages

    Intestate: If one dies without a will, they have died intestate. Without a will, the court must decide the legal recipient(s) of one's property. Each state has different probate laws. The court uses long-established rules when defining the legal recipients of a will. Joint Ownership can also apply to real property and other forms of personal property.…

    • 1699 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Moving Out Of State Essay

    • 1150 Words
    • 5 Pages

    Moving will probably be one of the most stressful things you will ever do, except for moving out of state, which is not only stressful, but must be strategically planned to perfection. There are so many issues you need to handle before, during and after your move, if you want to avoid losing money and quite possibly your things, not to mention the total chaos that will ensue if you don't. For most people, knowing where to start and how to proceed is the hardest part about moving out of state. So let's talk about how to sell your house if your moving out of state for a job or any other reason for that matter. Where Do You Begin If You Are Moving Out Of State?…

    • 1150 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    These can be: • Line Manager • Religious representatives • Specialist nurse • Occupational or other therapist • Social worker • Key people 9.1 It is important that individuals after death wishes are known so that we can follow exactly what the individual has requested; this could be contacting the correct funeral directors, informing family or following specific religious requirements such as burial within 24 hours of death occurring if they are of a Jewish faith, this would be imperative due to the constraints of their preferred faith and religion. An individual should still have full support for their wishes to be met after death has occurred. 9.3 Following an individual passing the most important aspect would be to be there for support but also to ask the question “what can I do for you?”…

    • 3174 Words
    • 13 Pages
    Great Essays