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What Is the Role of the Probate Court?

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A probate court is a specialized court that has authority in a specific jurisdiction to handle matters of estate and probate. In some jurisdictions, including Washburn and Bentheim in Washington State, and probate courts throughout the United States, probate is the court that hears and determines estates under state probate laws. In most states however, probate is the probate court which determines the estates' beneficiaries. In some states, probate is the name of a specific division of the probate court, while in others, probate is the term for the entire court system. To check out a Denver Colorado probate court, click here.


The original intent behind probate was to assure that the deceased person's last wishes would be respected and his/her property and assets would be distributed according to the deceased person's will. In today's probate court, it is often the responsibility of the attorneys to determine who the beneficiaries should be. They do this by reviewing and evaluating how the decedent had planned to leave his/her property and assets.


In cases where there is no valid will, the decedent's agents or representatives are the ones who determine who among the decedents' property and assets should go to whom. If this is the case, the probate court then serves the beneficiaries with legal notices informing them of the claim to the property and assets. The notices also inform the creditors of the claim to pursue collection on the outstanding debt. This is done under the authority of the probate court. Find out more about the costs of probate in Colorado here.


Once a claim has been filed, the executor is considered to be the personal representative of the decedent. An executor can either be an individual or an entity. In most states, the executor must be a resident of the state. An appointed attorney or a member of a general legal team may act as the probate process server in pursuing collections on the decedent's debts.


Another important point to remember about the process is that it only stops when the probate court concludes its investigation and determines that all outstanding debts have been paid. The creditors are then allowed to collect from the deceased person's estate. This does not mean that the executor has no role in the process. He/she is still obligated to make sure that all debts are paid. However, the probate court makes the final determination as to who gets to keep what assets.


As you can see, there are many differences between how the probate process works in many states with the same basic principles. The fact is that this varies from state to state, as well as the types of transactions that must be completed. Some of these variations could include who is responsible for paying debts, whether the executor has any role in collecting debts, and other important factors. It is important that you talk to an expert before making any decisions on how your loved one's estate will be settled.

Find out more about probate at http://www.youtube.com/watch?v=5M4vxeVjAxA.

 

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