Wills and Estates
Estate Proceedings
A major function of the probate division is the court's supervision of the probating of wills and the administration of estates and trusts of deceased persons by personal representatives. It is the court's task to interpret last wills in the event of uncertainty or conflict over the will's meaning or to determine rights to an estate where the person has died intestate without a will). This function of the court demonstrates one of the important purposes of courts in our society - they make a formal record of the legal status of property. Proceedings in probate courts may be very brief or summary in form (as when wills are self-executing and the probate court need only review them briefly to determine their legal sufficiency and authenticity) or the proceedings may develop into full-scale adversarial proceedings.
Topics regarding Estates:
Accounting for decedent estates
Duties of an appointed personal representative (Part 1 of 2)
Duties of an appointed personal representative (Part 2 of 2)
Powers of personal representative
Formal proceedings: From beginning to order of formal proceedings
Informal proceedings: From beginning to register's statement
Rights of surviving spouse and children (Part 1 of 2)
Rights of surviving spouse and children (Part 2 of 2)
Continuing, closing, reopening an estate (Part 1 of 2)
Continuing, closing, reopening an estate (Part 2 of 2)
Claims against decedent estates (Part 1 of 2)
Claims against decedent estates (Part 2 of 2)
Inventory of a decedent estate
Distribution of Small Estates via Petition and Order for Assignment
Trusts
There is much talk about the use of Trusts to avoid Probate. A trust is established by an individual who through the trust document sets forth what the disposition of his/her property shall be in the event of the death of the individual. In establishing a trust, it is important to "fund the trust". That means that the property of the individual establishing the trust must transfer the ownership of the assets from the individual's name to that of the trust.
There are many reasons for establishing trusts i.e. avoid probate, and tax advantages. It is very important to seek competent legal advise concerning the establishment of a tust.
Topics regarding Wills:
Who is an heir (Part 1 of 2)
Who is an heir (Part 2 of 2)
