Probate is becoming an increasingly important term, which is also commonly heard of these days. Therefore, it is definitely something that you must essentially know.
So, here is this article we shall discuss a few things about probate.
• Death – Following the death of a loved one, when you have grieved and paid your respects, it is the administering the property that must be concentrated on. You can hold off any legal process until you get the death certificate. But, once you receive the certification of death from the respective doctor or hospital, then you must begin to take care of administering the property.
• Get the papers in order – Once you are done with the funeral, it is imperative that you get the papers and the will of the deceased in order. This will help you and your estate planning attorney to set things in motion. The executor of the will shall require all such documents to carry on further with the process.
• Title to the real property – In case the deceased owned any property, then that property cannot be put up for sale until and unless the probate court appoints an executor. However, even if the process of sale cannot begin, the executor can start the process of retaining a specialist that deals with probate realty matters.
• The death certificate – As already mentioned, obtaining the death certificate allows one to begin with the legal procedures. Administering of a state is a complicated process and it is better to appoint a probate attorney for the same. You must have the will of the deceased if there is one. You must also carry necessary documentation like financial statements, a copy of the deed of the property, etc.
• File a petition for probate – The next thing that you must do is file a petition for probate in the court which is in the country of the deceased. Normally, a hearing schedule is within thirty to forty five days from the date of filing. The main reason as to why a period of about a month is given is to ensure that all people having an interest in the property are duly informed and can make the necessary arrangements.
• Sale of other items – Forms of any personal belongings of the deceased such as furniture, art, jewellery, etc can be carried out by the family members without any formality. However, if the will of the deceased states that certain items must be passed on to certain individuals, then that must be carried out in a proper manner.