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Probate is a public process of determining the validity of a will and administering
the estate according to the terms of the will. In some cases, if the estate is not
awarded to the surviving spouse, the estate enters probate. A court intervenes to
aid in the disposition of the property and assets of the deceased’s estate according
to the court’s particular jurisdiction. An administrator and/or probate attorney
is assigned by the court to assist in carrying the process of probate and to aid
the executor of the will.
The probate process includes filing with court in the county where
the deceased resided, petitioning the court to approve the will and assign an executor
if there is not one. Probate can take a great deal of time depending on the size
of the estate and the detailed nature of the will. Some states provide for an "informal
probate" which is a “trimmed down” version of regular probate to be used in
situations where there are little assets. Informal probate is often used for the
legal transfer of a title or deed.
Need Estate's help?
To find out more about probate please
click here.
Or to speak to an estate's expert please contact us on:
Phone
1300 348 659
Fax
+61 7 5531 3999
Email
enquiry@theestatelawyers.com.au
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