The transfer of a person’s asset after they die is termed as probate. It is a legal process of distributing the estate and assets of a deceased person. The probate also includes resolving all issues like insurance, title, taxes, etc. like probate Maui service. It is applied to significant sums of money and large estates. The distribution of assets varies from state to state as well as country to country. You need to hire a probate lawyer and apply your case to a probate court.
What does a probate court do when you file your case?
Probate court is slightly different from normal courts as it is a surrogate court. Its task is to interpret the will and appoint the person who filed the case. The court judges the validity of claims made by the executor against the estate, the beneficiaries, taxes, and debts.
Why is probate court required to judge?
The probate court is important if the will is invalid due to improper execution, mental incompetence or undue influence. The probate plays a vital role when the deceased do not have a last will or testament. The probate is required if the assets are owned by a tenant in common or joint tenancy. The probate is also required if there are no designated beneficiaries or if all beneficiaries have predeceased the decedent. If there are no owners or designates of the property or estate, then the property will be in the name of beneficiaries rather than the deceased’s name. The probate is required if there are significant property to be distributed which is legally not stated in the will or if there is no will at all. The law of probate varies from state to state so you should consult with probate lawyer about attending the probate court.