As probate attorneys in Idaho, we know that in all legal aspects, probate court is a special sector that handles the properties, assets, and debts of a person who has passed on. Collectively, these assets and debts are defined as an estate.
The major role of the probate court is to make sure that the debts of the deceased person are fully paid, and that the remaining assets are distributed to the appropriate beneficiaries.
While the many tasks of probate court are quite complicated, the overall goal of the court is fairly simple to comprehend. Here is some more info:
How Does Probate Work?
Probate is classified as a legal process in which a court supervises the distribution of the estate to its beneficiaries. Many states have a probate court labeled by other names such as Orphan’s Court, Chancery Court, and Surrogate’s Court. Regardless of the court’s name, the goal of the probate court remains the same. The objective is to appoint an executor to ensure that an estate’s debts are paid and distribute the remaining assets to its heirs or beneficiaries.
Does Probate Happen In Absence Of A Will?
In the absence of a will, probate proceedings can become especially complicated. When a person dies without establishing a valid will, the assets of the estate are equitably distributed to the next of kin of the deceased person.
This section of probate law is known as law of intestate succession. Essentially, this law ensures that the remainder of the deceased’s estate is proportionally split among the surviving spouse, as well as some of the corresponding family relatives.
Probate With A Will
If a deceased person possesses a last will and testament, their property is distributed to the beneficiary listed inside of the document. However, the process of doing so is often time-consuming.
In order to probate a will, the probate court determines if the will is valid. In some cases, an individual may dispute the validity of a will that was left by the deceased person. This dispute forces the court to make a decision on the authenticity of the will.
In Idaho, the surviving spouse is entitled to receive a portion of the value of the estate, even if a will has been established. In addition, the will designates the beneficiaries’ share of their properties.
What Is The Probate Process?
After the death of an individual, a relative can begin the probate process by filing a petition for probate. If a will is present, a copy must be submitted to an appropriate probate court.
Next, the probate court will appoint someone to handle the administrative tasks concerning the estate. This designated person is commonly known as the executor or personal representative.
This personal representative is directly responsible for paying back the estate’s debt and taxes, as well as allocating the remaining assets to its beneficiaries.
Usually, this process requires a strenuous effort, so the assistance of a lawyer is almost always recommended to expedite the entire probate process and ensure that everything is handled correctly according to state laws.