Home Add to Favorite Contact Submit  
             05 December, 2022

Category:  Articles » Legal » Living-Will


Probate Court - Sorting Out the Intricacies of Inheritance

         Views: 3238
2008-07-14 09:14:56     
Article by Simon Volkov

Probate court is a special court that addresses matters governed by equity law. The primary function of this court is to oversee equitable disbursement of the estates of individuals who are deceased. However, it also oversees hundreds of legal matters including adoption, guardianship, marriage and name changes.

In 1784, probate courts came into existence in the United States, with the first established in Massachusetts. Its judiciary role is to provide distribution of estate assets and enforce equity law. Depending on the jurisdiction of the probate court, it may also be referred to as Court of Ordinary, Court of Equity, Orphans Court or Surrogate Court.

Equity law refers to an order which directs an individual to act or to refrain from acting. It differs from laws regulated by courts in that court regulated laws pertain to doctrines or statutes, while equity law is enforced by general guides known as "maxims of equity."

Within the United States, each state is governed by probate laws adopted by their state government. Therefore, the probate process varies from state to state. Nearly all states require an estate to be administered by an appointed Executor. This person can be appointed through a Will or if a person dies intestate (leaving no valid Will), the court will appoint one. Usually this is a family member, but if the decedent has no living relatives the court will appoint an outsider to handle the case.

Although probate laws vary from state to state, nearly all require an estate to be overseen by an appointed Executor or Administrator. The estate executor is responsible for filing necessary documents including inventory, accounting and tax forms, and distribution of assets to beneficiaries and heirs.

The Executor reports to a probate judge and provides evidence that everything in the estate has been accounted for and settled. The judge reviews the case to ensure provisions in the decedent's Last Will and Testament have been adhered to and creditors and taxes have been fully reimbursed. Once the judge signs off on the case, inheritance assets can be distributed to heirs.

Due to the intense amount of man-hours required to investigate an estate, assets are frequently tied up in the probate process for a minimum of six months. One way to avoid probate is to file a revocable living trust.

Probate court isn't limited to only estate administration. It is responsible for overseeing all cases which require the enforcement of equity law. Additional functions of probate court include guardianship arrangements, adoptions, birth recordings, birth certificates, name changes and marriage licenses. In essence, probate court addresses daily living (and dying) issues.

Additionally, probate courts oversee civil actions relating to probate. Common civil actions include contest of the Will, determination of heirs, and presumption of death. Civil actions are the only cases presented in probate court that require a jury trial.

Simon Volkov is a private note investor who specializes in helping individuals quickly liquidate their assets. From forthcoming Inheritance windfalls to Probate, Simon Volkov offers a host of solutions for those in need of cash. Learn more about probate, real estate and investment opportunites by visiting http://www.SimonVolkov.com.

Specialized in: Promissory Note - Short Sale - Probate - Foreclosure - Bank - Sfr - Buy Distressed Properties - Banks - Financial Institutions - Liquidate - Pre Foreclosure - Real Estate Portfolios - Investors - Real Estate Investment - Seller Carry Back - Promissory Notes - Individuals - Facing Foreclosure
URL: http://www.simonvolkov.com
Print article      Bookmark this page
Related Articles 
Legal Will Documentation (Popularity: ): It is always a good idea to have a Will. Will is a legal document that lets us decide how our property and estate has to be distributed after our death. No one is ever aware as to when death will occur and it makes perfect sense to be well prepared. We might not be quite rich, yet we would definitely have personal preferences as to who are the people ...
FAQ's Of A Living Will And Kansas Specifics (Popularity: ): NOTE: The below is general information. I am not an attorney. All legal and financial decisions should be made after consulting with a legal or financial professional.Below is a list of common questions that come to mind when you consider signing a living will and Kansas specifics.What is an Advance Directive? An advanced directive is a written document that allows you to convey to your doctor as well as other ...
Tips For Completing A Maine Living Will Form (Popularity: ): NOTE: The below is general information. I am not an attorney. All legal and financial decision should be made after consulting with a legal or financial professional.In Maine's legal terms, a living will falls into a category of documents called a advanced directive. An advance directive is a document that tells others what you would like to happen in certain circumstances, should you be unable to make your wishes met. ...
Lawyers Need to Have Mental Health Check-ups (Popularity: ): The Virginia Bar Association stated that over 250,000 practicing lawyers are now over 55 years old and that number will be over 750,000 in the next ten years. Everyone knows that as humans age they must deal with brain recall issues. A little less than ten percent of people over 65 experience Alzheimer's Disease. We must make sure that lawyers are not demented.Thus, the Online Think Tank has suggested bi-annual ...
Washington State Living Will Laws (Popularity: ): It is your right to make your own healthcare decisions in Washington State. The decisions you make can be as simple as the type of meals you'd like, or as difficult as choosing whether or not to receive life-sustaining treatments.If you become incapacitated how can you be sure that your healthcare decisions will be honored? If you plan now, with the help of a living will (advance directive) you can ...

Related Business 
The Probate Guy - Attorney Robert L. Cohen (Popularity: ): My practice focuses solely on probate matters. My job is to complete the probate process as efficiently and painlessly for my clients as possible. I have found that paying the upfront costs of probate adds unneeded stress, so I will advance all of the fees and costs for the probate. No money is required to complete the probate. I will be reimbursed at the end of the case when you ...
How To Obtain Probate (Popularity: ): How to obtain probate in the UK, is a site dedicated to providing free advice on how to obtain a grant of probate in the UK. Probate is the term given to the administration of a deceased person's estate. When someone dies the executors of the will or administrators (if no will exists) need to deal with the dead persons assets and property, to do this an official Court form ...
Probate Litigation Attorney (Popularity: ): Probate is the court supervised process of transfering a deceased individual's property from the decedent's name to the name(s) of that person's heirs. When an individual passes away and they own property in their name only, probate is usually required.
Law Offices of John F. Lang (Popularity: ): Our primary focus is New York trust and estate litigation, including will contests, probate litigation, inheritance disputes, and Surrogate's Court cases involving beneficiaries, claimants, executors, and trustees. We will handle matters in New York City area courts, including those in Manhattan, Brooklyn, Queens, Westchester, and Nassau counties, for clients worldwide.
Maximum Inheritance Specialists (Popularity: ): We are inheritance and succession specialists, who aim to help our clients secure the maximum inheritance possible for their beneficiaries with the minimum of hassle, expense, effort and interference from outsiders including the tax man.
Alder Wills & Probate Ltd. (Popularity: ): Based in Hampshire and serving the bordering counties of Berkshire and Surrey Alder Wills & Probate Ltd, works with national organisations to provide high quality services, all delivered to you personally in the convenience of your own home. From simple family Wills through to comprehensive solutions for saving Inheritance Tax, or protecting your home from the community care act and also helping you pass on the Family Business intact.
Mogensen GmbH and Co. KG (Popularity: ): Sizer, sorting, dewatering screens, colour and opto-electronic sorting, and fractioning.
Ronald A. Ernst (Popularity: ): Charleston attorney emphasizing family law and probate court matters.
Compac Sorting Equipment (Popularity: ): Fruit and vegetable sorting, sizing and grading equipment and technology, supplied and serviced worldwide.
Promech Industries: Rice Color Sorter (Popularity: ): Promech Industries a manufacturer and exporter of color sorting machines and mill machinery for rice, grain and other pulses. Products like rice color sorter, grain sorting machine are designed with latest and sophisticated technology for color sorting process. The company is deeply committed to customer's satisfaction and leaves no stone unturned to achieve that objective.