Probate

Probate is the process through which items devised in a will are distributed to heirs and beneficiaries. When a person dies, his or her will must pass through probate except under certain circumstances. During the probate process, beneficiaries are given notice as to what they are entitled to receive. Probate also usually includes an opportunity for beneficiaries who are unhappy with the distribution to challenge the will, sometimes resulting in a different distribution of assets. The probate process is also the time when appropriate taxes on the estate are assessed. The specifics of the probate process and the laws regarding enforcement and carrying out of the provisions in a will vary by state, and laws concerning probate and estate planning are important to consider when constructing a will, which is one of the reasons why most people ask an estate planning attorney to carefully prepare a plan. Careful planning can prevent problems that may arise later. To learn more about probate, refer to the articles in this topic.