Estate Planning and Probate
Probate law is an interesting branch of American legal procedure. Basically, probate is the legal procedure by which a person dies, or through which the remains of such a person are settled, under legal authority, check Colorado formal probate. The executor of a will is usually known as a probate officer. Under probate law, anyone can apply for and be appointed to administer the property and affairs left behind by the deceased person. Anyone can become a probate court appointee.
In the common law, there was no way to determine whether or not a person was intestate. There were no tests to determine if a person was intestate. A testator would generally have been declared intestate, unless there were specific reasons for declaring him/her dead. When intestacy became a reason to terminate a testator's rights to inheritance or property under the common law, several procedures developed to try to remedy this problem.One of the most common methods of probate administration was the "testator's petition." This was a procedure in which the state provided a sample of the decedent's estate in order for the heirs to determine if they should inherit any of the decedent's assets. If the heirs determined that the decedent was not intestate, they could then request probate of the decedent's estate. If the court ordered a probate court appointment, the court appointed an executor.Many states still use this procedure today. In California, there is a separate process called estate planning that must be followed when a probate of the decedent occurs. Under the California Probate Code, the executors are subject to supervision by the court and must comply with certain rules and regulations. Once the testator has passed away, his/her minor children may retain the property for their own use and benefit, or they may distribute it to minors designated by the testator. The court usually determines who should receive the assets after the testator passes away and also determines who should make final decisions regarding the decedent's property (e.g., how to spend it, who gets credit for it, etc.)Another way to administer probate is to divide the assets amongst the decedents' surviving dependents under the Will. A probate court is involved only if the testators don't sign the Will, also view Colorado informal probate. Even if the testator did sign the Will, the court will often appoint an estate planner to mediate the decedent's estate, which is another additional layer of accountability for the decedent's heirs.Estate planning is an area of real estate and financial planning that deserves particular attention when it comes to probate. If you have questions about probate, whether from past or present, and you would like to discuss your concerns with an experienced probate attorney, contact an attorney today. Probate law provides a comprehensive forum for discussing estate-related issues such as who will receive inherit property after the decedent's death, what happens to your property during the probate process, and much more. An attorney can provide the guidance you need to address these issues so that you can rest assured that your estate will be handled in the proper manner. Read more at https://en.wikipedia.org/wiki/Probate
