What does a will in probate mean?
Kimberly Ann Bastes
What does a will in probate mean?
A will in probate means that a court is managing the estate of someone who has died. It's not the same as the deceased having left no will, or having a will that is invalidated after their death—in those cases, there would be no one to manage their estate and the assets would be distributed according to state law. Instead, a will in probate simply means that the person's estate is being managed by the probate court instead of someone who is named in their will as an executor. The executor's job is to gather up the assets and see to it that they're distributed according to the instructions in the will.
Cases, where a will winds up in probate, are not unusual: as many as half of all U.S. citizens die without having left a valid will. In cases like this, it's important for the family of the deceased to know what's going on with their inheritance and how it will be distributed once everything is settled by the court.
Probate cases can take years, so it's important for anyone who has been named in a will to stay updated on its status throughout that time. You might also want to find out if there are any legal steps you'd be able to take as an heir
Probate is the legal process of managing a deceased person's estate. Once a will is filed for probate, it's required to go through a multi-step process that can take months, even years to complete. The reason for this is simple: it's there to protect the deceased person's property from being dispersed irresponsibly before every last detail has been sorted out. During probate, the court oversees the distribution of the decedent's assets and debts, collects information about beneficiaries and heirs so that they can be located and notified, and enforces any potential claims made by creditors against those assets. A will in probate does not mean that there are no assets or obligations—it only means that the court has taken responsibility to manage those things until everything is in order.
If you need a probate lawyer, please call this law firm for a free consultation
Parklin Law
5772 West 8030 South, Unit N206,
West Jordan, UT 84081
(801) 618-0699
parklinlaw.com/