Estate Planning

What is Probate?

Gavel
Trustworthy icon

Mary L. Barrow, Esq.

Mar 2, 2022

Probate is the legal proceeding in which a deceased person’s Last Will and Testament is presented to the court. This court has legal authority, or jurisdiction, over the settlement of estates.

These courts have various names depending on where it’s located:

  • Probate court

  • Surrogate’s court

  • Orphan’s court.

We’ll just call it the “Court” for our purposes.

What’s the purpose of a probate?

The purpose of probate is so that the Court can determine whether or not the Will is valid. If the Court determines that the Will is valid, then the Will is said to have been “probated.” This means it is proved.

What is the probate process?

The Court will also appoint an executor who will be responsible for carrying out the terms of the Will. This person is sometimes called a “personal representative.”

The Court will also appoint a guardian for any minor children, if necessary. An example of this happening is if there is no living parent remaining.

The Court will supervise how the executor handles the administration of the estate. For example, typically the executor will have to submit paperwork to the Court, called an “account,” that shows:

  • all of the assets in the estate as of the beginning of the estate administration (the date of death),

  • any income earned by the assets during the period of the estate administration,

  • any debts, expenses, and taxes paid during the estate administration, and

  • the proposed amounts to be distributed to the beneficiaries.

In some jurisdictions the Court itself will examine the account and approve or disapprove it. In other jurisdictions the Court will only consider objections if someone else (for example, a beneficiary) brings them up.

Do I need probate if the estate is small?

Many states have small estate proceedings designed to handle estates with a value less than a certain amount. This is typically some number around $25,000 -$40,000 or even more.

If the probate assets are worth less than the specified amount, then the Will does not have to be probated. Rather, there is a simplified procedure that allows the probate assets to be distributed in accordance with the Will. This procedure is typically inexpensive.

Excerpt from the book Estate Planning for the Savvy Client: What You Need to Know Before You Meet With Your Lawyer by Mary L. Barrow, Esq.

Copyright ©2020, 2017 by Mary L. Barrow

THIS EXCERPT IS A BRIEF SUMMARY FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE FOR THE ADVICE OF COMPETENT LEGAL COUNSEL FROM AN ATTORNEY ADMITTED OR AUTHORIZED TO PRACTICE LAW IN YOUR JURISDICTION. YOU SHOULD ALWAYS CONSULT YOUR ATTORNEY BEFORE IMPLEMENTING OR CHANGING ANY ESTATE PLANNING STRATEGY.

Estate Planning

What is Probate?

Gavel
Trustworthy icon

Mary L. Barrow, Esq.

Mar 2, 2022

Probate is the legal proceeding in which a deceased person’s Last Will and Testament is presented to the court. This court has legal authority, or jurisdiction, over the settlement of estates.

These courts have various names depending on where it’s located:

  • Probate court

  • Surrogate’s court

  • Orphan’s court.

We’ll just call it the “Court” for our purposes.

What’s the purpose of a probate?

The purpose of probate is so that the Court can determine whether or not the Will is valid. If the Court determines that the Will is valid, then the Will is said to have been “probated.” This means it is proved.

What is the probate process?

The Court will also appoint an executor who will be responsible for carrying out the terms of the Will. This person is sometimes called a “personal representative.”

The Court will also appoint a guardian for any minor children, if necessary. An example of this happening is if there is no living parent remaining.

The Court will supervise how the executor handles the administration of the estate. For example, typically the executor will have to submit paperwork to the Court, called an “account,” that shows:

  • all of the assets in the estate as of the beginning of the estate administration (the date of death),

  • any income earned by the assets during the period of the estate administration,

  • any debts, expenses, and taxes paid during the estate administration, and

  • the proposed amounts to be distributed to the beneficiaries.

In some jurisdictions the Court itself will examine the account and approve or disapprove it. In other jurisdictions the Court will only consider objections if someone else (for example, a beneficiary) brings them up.

Do I need probate if the estate is small?

Many states have small estate proceedings designed to handle estates with a value less than a certain amount. This is typically some number around $25,000 -$40,000 or even more.

If the probate assets are worth less than the specified amount, then the Will does not have to be probated. Rather, there is a simplified procedure that allows the probate assets to be distributed in accordance with the Will. This procedure is typically inexpensive.

Excerpt from the book Estate Planning for the Savvy Client: What You Need to Know Before You Meet With Your Lawyer by Mary L. Barrow, Esq.

Copyright ©2020, 2017 by Mary L. Barrow

THIS EXCERPT IS A BRIEF SUMMARY FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE FOR THE ADVICE OF COMPETENT LEGAL COUNSEL FROM AN ATTORNEY ADMITTED OR AUTHORIZED TO PRACTICE LAW IN YOUR JURISDICTION. YOU SHOULD ALWAYS CONSULT YOUR ATTORNEY BEFORE IMPLEMENTING OR CHANGING ANY ESTATE PLANNING STRATEGY.

Estate Planning

What is Probate?

Gavel
Trustworthy icon

Mary L. Barrow, Esq.

Mar 2, 2022

Probate is the legal proceeding in which a deceased person’s Last Will and Testament is presented to the court. This court has legal authority, or jurisdiction, over the settlement of estates.

These courts have various names depending on where it’s located:

  • Probate court

  • Surrogate’s court

  • Orphan’s court.

We’ll just call it the “Court” for our purposes.

What’s the purpose of a probate?

The purpose of probate is so that the Court can determine whether or not the Will is valid. If the Court determines that the Will is valid, then the Will is said to have been “probated.” This means it is proved.

What is the probate process?

The Court will also appoint an executor who will be responsible for carrying out the terms of the Will. This person is sometimes called a “personal representative.”

The Court will also appoint a guardian for any minor children, if necessary. An example of this happening is if there is no living parent remaining.

The Court will supervise how the executor handles the administration of the estate. For example, typically the executor will have to submit paperwork to the Court, called an “account,” that shows:

  • all of the assets in the estate as of the beginning of the estate administration (the date of death),

  • any income earned by the assets during the period of the estate administration,

  • any debts, expenses, and taxes paid during the estate administration, and

  • the proposed amounts to be distributed to the beneficiaries.

In some jurisdictions the Court itself will examine the account and approve or disapprove it. In other jurisdictions the Court will only consider objections if someone else (for example, a beneficiary) brings them up.

Do I need probate if the estate is small?

Many states have small estate proceedings designed to handle estates with a value less than a certain amount. This is typically some number around $25,000 -$40,000 or even more.

If the probate assets are worth less than the specified amount, then the Will does not have to be probated. Rather, there is a simplified procedure that allows the probate assets to be distributed in accordance with the Will. This procedure is typically inexpensive.

Excerpt from the book Estate Planning for the Savvy Client: What You Need to Know Before You Meet With Your Lawyer by Mary L. Barrow, Esq.

Copyright ©2020, 2017 by Mary L. Barrow

THIS EXCERPT IS A BRIEF SUMMARY FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE FOR THE ADVICE OF COMPETENT LEGAL COUNSEL FROM AN ATTORNEY ADMITTED OR AUTHORIZED TO PRACTICE LAW IN YOUR JURISDICTION. YOU SHOULD ALWAYS CONSULT YOUR ATTORNEY BEFORE IMPLEMENTING OR CHANGING ANY ESTATE PLANNING STRATEGY.

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Try Trustworthy today.

Try the Family Operating System® for yourself. You (and your family) will love it.

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Fingerprint documentation
Fingerprint documentation

Jan 31, 2023

Why Do Funeral Homes Take Fingerprints of the Deceased?

Foreclosure in front of a home
Foreclosure in front of a home
Foreclosure in front of a home

Jan 31, 2023

What To Do If Your Deceased Parents' Home Is In Foreclosure

Questions To Ask An Estate Attorney After Death (Checklist)
Questions To Ask An Estate Attorney After Death (Checklist)
Questions To Ask An Estate Attorney After Death (Checklist)

Jan 31, 2023

Questions To Ask An Estate Attorney After Death (Checklist)

Woman looking stressed while holding a document at her computer
Woman looking stressed while holding a document at her computer
Woman looking stressed while holding a document at her computer

Jan 31, 2023

What Happens If a Deceased Individual Owes Taxes?

Elderly people talking with professional
Elderly people talking with professional
Elderly people talking with professional

Jan 31, 2023

Components of Estate Planning: 6 Things To Consider

What To Do If Insurance Check Is Made Out To A Deceased Person
What To Do If Insurance Check Is Made Out To A Deceased Person
What To Do If Insurance Check Is Made Out To A Deceased Person

Jan 22, 2023

What To Do If Insurance Check Is Made Out To A Deceased Person

Scattered photograph negatives
Scattered photograph negatives
Scattered photograph negatives

Jan 8, 2023

What Does a Typical Estate Plan Include?

Can I Do A Video Will? (Is It Legitimate & What To Consider)
Can I Do A Video Will? (Is It Legitimate & What To Consider)
Can I Do A Video Will? (Is It Legitimate & What To Consider)

Apr 15, 2022

Can I Do A Video Will? (Is It Legitimate & What To Consider)

Estate Planning For Green Card Holders (Complete Guide)
Estate Planning For Green Card Holders (Complete Guide)
Estate Planning For Green Card Holders (Complete Guide)

Apr 15, 2022

Estate Planning For Green Card Holders (Complete Guide)

Chair in a bedroom
Chair in a bedroom
Chair in a bedroom

Mar 2, 2022

What Does Your “Property” Mean?

Gavel
Gavel
Gavel

Mar 2, 2022

What is the Uniform Trust Code? What is the Uniform Probate Code?

Female statue balancing scales
Female statue balancing scales
Female statue balancing scales

Mar 2, 2022

Do You Need to Avoid Probate?

Person signing document
Person signing document
Person signing document

Mar 2, 2022

How is a Trust Created?

stethoscope
stethoscope
stethoscope

Mar 2, 2022

What Are Advance Directives?

Couple standing on the beach
Couple standing on the beach
Couple standing on the beach

Mar 2, 2022

What does a Trustee Do?

Large house exterior
Large house exterior
Large house exterior

Mar 2, 2022

What is an Estate Plan? (And why you need one)

Gavel
Gavel
Gavel

Mar 2, 2022

What is Probate?

United States Map
United States Map
United States Map

Mar 2, 2022

What Is Your Domicile & Why It Matters

Man organizing paperwork
Man organizing paperwork
Man organizing paperwork

Mar 2, 2022

What Is a Power of Attorney for Finances?

A baby and toddler lying on a bed
A baby and toddler lying on a bed
A baby and toddler lying on a bed

Mar 1, 2022

Should your family consider an umbrella insurance policy?

Woman typing on laptop on a table with tea, plant, notebooks
Woman typing on laptop on a table with tea, plant, notebooks
Woman typing on laptop on a table with tea, plant, notebooks

Mar 1, 2022

Do I need a digital power of attorney?

Person signing documents
Person signing documents
Person signing documents

Apr 6, 2020

What Exactly is a Trust?