Probate: Difference between revisions - Wikipedia

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{{Wills, trusts, estates}}

In [[Common law|common law jurisdictions]], '''probate''' is the judicial procedureprocess wherewhereby a will is "proved" in a court of law and recognizedaccepted as a valid public document representingthat is the deceased's true last testament. Alternatively,of ifthe theredeceased, isor no legal will,whereby the estate is settled according to the laws of [[intestacy]] laws ofin the deceased's state of residence atof the deceased at time of death. in the absence of a legal will.

The granting of probate is the initial step in the [[Law|legal]] process of managing a deceased person's estate, addressing all claims, and distributing the deceased's property under a will. A [[probate court]] determines the legal validity of a deceased person's will and grants approval, known as granting probate, to the executor. The probated will then become a [[legal instrument]] that the [[executor]] can enforce in court if needed. Probate also officially appoints the executor (or [[personal representative]]), usually named in the will, with the legal authority to distribute the deceased's assets as specified in the will. However, a will can be contested during the probate process.<ref>{{cite news|last1=Baker|first1=Jereme|title=Best Probate Lawyer in Colorado|url=https://jbakerlawgroup.com/colorado-probate-lawyer/|access-date=2024-07-02|work=Baker Law Group|date=2024-07-02}}</ref>▼

▲The granting of probate is the initialfirst step in the [[Law|legal]] process of managingadministering the [[estate (law)|estate]] of a deceased person's estate, addressingresolving all claims, and distributing the deceased person's [[property]] under a will. A [[probate court]] determinesdecides the legal validity of a [[testator]]'s (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomebecomes a [[legal instrument]] that may be enforced by the [[executor]] canin enforcethe inlaw courtcourts if needednecessary. ProbateA probate also officially appoints the [[executor]] (or [[personal representative]]), usuallygenerally named in the will, withas thehaving legal authoritypower to distributedispose of the deceasedtestator's assets asin the manner specified in the testator's will. However, athrough willthe canprobate beprocess, contesteda duringwill themay probatebe process[[Will contest|contested]].<ref>{{cite news|last1=BakerJones|first1=JeremeHarvey|title=BestDealing Probatewith Lawyerprobate in Colorado2013|url=https://jbakerlawgroupwww.theguardian.com/coloradomoney/2013/feb/15/dealing-with-probate-lawyer/in-2013|access-date=2024-07-0219 September 2017|work=Baker LawThe GroupGuardian|date=2024-07-0215 February 2013}}</ref>

==Terminology==

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Most estates in the United States include property that is subject to probate proceedings.<ref name="usprobate"/> If the property of an estate is not automatically devised to a surviving spouse or heir through principles of joint ownership or survivorship, or otherwise by [[operation of law]], and was not transferred to a [[Living trust|trust]] during the decedent's lifetime, it is generally necessary to "probate the estate", whether or not the decedent had a valid [[will (law)|will]]. For example, life insurance and retirement accounts with properly completed beneficiary designations should avoid probate, as will most bank accounts titled jointly or made payable on death.<ref>{{cite news |last1=Horn |first1=John |last2=Johnsen-Tracy |first2=Dera |title=Avoid the Top 10 Mistakes Made With Beneficiary Designations |url=https://www.aaii.com/journal/article/avoid-the-top-10-mistakes-made-with-beneficiary-designations |newspaper=AAII: Avoid the Top 10 Mistakes Made with Beneficiary Designations |publisher=American Association of Individual Investors |access-date=6 April 2019}}</ref>

Some states have procedures that allow for the transfer of assets from small estates through affidavit or through a simplified probate process. For example, California has a "Small Estate Summary Procedure" to allow the summary transfer of a decedent's asset without a formal probate proceeding. The dollar limit by which the small estate procedure can be effectuated was $150,000<ref>{{cite web|title=Affidavit for Transfer of Personal Property Worth $150,000 or Less|url=http://www.courts.ca.gov/10440.htm|website=California Courts|access-date=8 June 2017}}</ref> before a statutory increase was implemented on a three -year schedule,<ref>

{{cite web

| url = https://law.justia.com/codes/california/2022/code-prob/division-2/part-21/section-890/