The thought of a loved one dying is hard to endure and the last thing you want to think about is applying for probate. Probate is the process that is initiated when a person dies to distribute the deceased estate to their families, friends and charities, these are called the “beneficiaries”, and to settle any debts for that person. It can, sometimes, become quite a complex issue, as each state has it own process of dealing with Probate.

Now if there is a Will the probate process becomes a little easier as the deceased will have given specific instructions as to how his estate is to be allocated.  Any assets, including properties, stocks and shares, funds held in current or savings accounts will be handed over to the personal representative who is under an obligation to gather information about the assets and report to the court.

Although, this looks straightforward when there is a will in place. Look out for those who wish to file a petition against the validity of the will or their right to a claim part of the estate. The court must consider the petition carefully as a rejection can lead to a lawsuit claim sum of the estate.

The real stress factor starts when there is no will. This is called intestate and the law will provide guidance to the courts on how to distribute the assets.  The law of intestate provides for the court to look at the family tree of the deceased and will then make a decision as to who gets what.

Depending on the deceased last known place of residence that counties court will hear the application for probate. Also be careful where the deceased has property has properties in other counties and states, an further probate application must be lodged in the state that the property is in.

The court can only deal with assets that are owned and belong solely to the deceased and all assets that are either dealt with by trust or joint tenancy, which are automatically transferred they are set aside by the court.

It is quite often difficult to know all the ins and outs of someone’s life, especially when it comes to debts. One of the major reasons that probate matters take so long is that just when you think you have everything distributed equally, another creditor comes along and stakes his claim. It is the duty of personal representative to make sure all debts are settled. Again, creditors can lodge petitions on the court and the personal representative.

Just to give you an idea, it can take up to three years for the court to distribute and settle the estate, if there is no will, the authenticity of the will is dubious or that an unknown beneficiary comes along to question the settlement of the estate. This is sometimes referred to as a Probate sale, where the court takes over everything, which is why it takes so long for them to deal with matter. This also becomes very expensive and naturally erodes away at the estate.

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