Probate is both a type of court and a proceeding within the Probate Court. A probate proceeding in a probate court refers to the administration of a decedent’s estate whether there is a Will or not. If a person did not leave a Will the State has a series of laws providing who should receive what. The probate court’s job is to make sure the law is followed regarding the rights of the deceased person’s creditors and the rights of the deceased person’s heirs.
There are a number of different types of proceedings that can be used to transfer assets held in the name of a decedent into the name of the person the decedent wanted to have it. Some of these are:
Spousal Refusal of Letter
Affidavit of Small Estate
Determination of Heirship
Independent Administration
Supervised Administration
Additionally, most banks, insurance companies and other financial institutions have contractual provisions regarding who should receive the account or benefits upon the holder’s death. These types of assets are often referred to as non-probate assets.
If a deceased person had a trust, the Trustee of the Trust has many of the same duties required by the probate court of any decedent’s estate.
If you have recently lost a loved one or find yourself jointly owning an asset with a deceased person, Tabory Law LLC has the experience to help you figure what needs to be done. WE CAN HELP. The first step toward preparing for the future is simple: Call 913-213-6585 or reach out to me online. We can then discuss next steps for creating an approach that fits your needs.