A will is a legal document outlining the final decisions and instructions of a person prior to his death. A person's will usually deals with the assets he owns and how he wants to distribute those assets. The probate process oversees the payment and management of the land or all property belonging to the deceased. While the legal process for passing a will will vary by state and country, the basic process will be the same in most estates.
Step
Part 1 of 4: Getting Started with the Probate Process
Step 1. Learn some basic terms
If you don't understand how a will and property work, you may need to learn some key vocabulary. You don't need to be a legal expert right away, but you do need to familiarize yourself with the following terms:
- Property – Everything owned by the deceased, including real property and personal property.
- Real Property – Land, buildings, and permanent property remain the property of the deceased
- Personal property – The movable assets (furniture, clothing, jewelry, etc.) belonging to the deceased
- Petition – A formal written request asking the court to examine the distribution of property
- Executor or personal representative – a person appointed by the deceased candidate to take care of his property after his death; if you want to ratify a will, your name may be written as executor of the property in the deceased's will.
- Administrator – A person appointed by a court to oversee property matters if a person dies without a will or without a valid will
- Heir – The person named in the will to receive a share of the property of the deceased
- Creditor – Someone who is still owed by the deceased
- The deceased – The person who died who wrote the will
Step 2. Understand the role of the executor
This role has great legal responsibilities and obligations. The executor is not only responsible for overseeing the property, but is also responsible for finding and protecting the assets belonging to the property.
Step 3. Consider hiring a lawyer
The process for passing a will can be complex, especially if someone challenges the will or your role as executor of the will. In some states or countries, there is an authorization form that you can fill out yourself. However, this is not the case with some states or other countries. You can find it difficult to manage your property properly without the guidance of an experienced attorney who will validate your will. Usually, fees for attorneys can be paid from assets or property property.
Step 4. Have multiple copies of the deceased's death certificate
Not only will you need a copy of the death certificate in order to file a petition for a will with the court, but you will also need copies from other entities, including banks, creditors, and the Social Security Administration. Usually, you can get a copy of the death certificate from the state registry office. You will need to pay a fee to obtain a copy of the death certificate.
To use a death certificate, you must notify the relevant entity of the death of the testator. First, you must notify the Social Security Administration in advance. Then, to banks or other businesses that are in debt, such as utility companies and mortgage companies
Step 5. File a petition for approval of the will
If you are the executor of someone's will, usually, your first step is to petition to authorize the will. You must file the original petition and at least two copies, so that you can keep a copy with a legalized stamp in your archives. Basically, this petition asks the will probate court to determine that the will is valid and valid, name you as the executor, and allow you to distribute assets under the will. Once you've petitioned, you'll also need to provide the court with the death certificate and original will.
- Keep in mind that this petition must be submitted to a probate court located in the country of residence of the deceased.
- You must file petitions, wills, and death certificates as soon as possible after the death of the deceased.
- You will need to pay a filing fee with the court. The amount of this fee varies by state or country. However, usually the fee reaches around Rp. 1,300,000,00.
- If you live in a state that uses the Uniform Probate Code (UPC) and you don't expect anyone to challenge your will or your role as a personal representative, you may have the option of petitioning for a will or informal administration of a will. will. This method will allow you to skip court proceedings by simply filling out the file. For those who receive assets from informal or concise administration, may be liable for claims from creditors for 2 years. Informal administration is usually made for assets valued at less than IDR 1,300,000,000.00 and have no or little debt.
- As of 2014, the states using the UPC were Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, North Dakota, South Carolina, South Dakota, and Utah.
- Another potential option under the UPC is referred to as the right to inherit without administration or petty property. This option applies only to assets that are independent of creditors. The total value of the property without debt or property that is the subject of a creditor's claim, must not be more expensive than the cost of hospitalization and burial or cremation of the deceased. These things are expenses that usually have to be paid in advance of property.
Step 6. Notify interested parties of the petition for approval of the will
Once you have petitioned the court for approval of your will, you will need to notify your heirs and creditors of the process. If possible, send official letters to the current addresses of these people. If not, try to find the current addresses of these people by contacting them by phone or email. As a last resort, send notification letters to the last known addresses of these people.
- The legal formalities regarding this notification process vary between states. Make sure you check with state-specific laws to ensure that you are notifying the person concerned in proper and legal conduct.
- Some states require you to compile a notice on creditor's documents that contains specific information about the property so that it can be processed by the courts.
- In some states, you will have to provide the notification letter to the parties yourself. Usually you notify by certified mail and are asked to return a receipt. In some states, the clerk's office of the court will send you the notice.
Step 7. Publish the notice in the newspaper
In addition to sending a personal notification, you need to publish the notice in the newspaper in the city where the deceased lived. Doing so will allow creditors or other relevant parties you may not know to know about the probate process in court and can participate if they so desire.
Depending on the state, you may need to show proof that you have notified the persons concerned and have issued a notice to the probate court. If this is the law in your state, you will need to do so before your scheduled hearing
Step 8. Schedule a probate hearing
Once you've petitioned for approval, contacted the parties concerned, and published the notice in the paper, you can ask the court to schedule a hearing. The main purpose of this court is to pass a will and make you the official executor if no one objected.
Remember that you will need to wait weeks or even months for your trial to take place. Some court events or schedules are very busy and may not have a schedule available for your case for a long time. The time for your trial to take place varies between states and countries
Part 2 of 4: Coping with the Formal Legal Process
Step 1. Enter the bonds if necessary
In some states and states, you are required to file bonds in court as the executor of property. The amount of this bond will depend on the amount of property. The purpose of incorporating a bond is to protect your heirs, beneficiaries, and creditors from any loss you cause intentionally or unintentionally.
If you are concerned about filing bonds or are concerned about your role as executor, you may want to discuss this with your attorney. Your attorney can help you understand the specific laws of your state and country, as well as your specific rights and obligations
Step 2. Validate the signature of the witness
Courts will require persons who are witnesses of a will to sign a declaration proving its veracity. This declaration is a legal document; if any false information is given, the witness commits perjury.
Step 3. File any other documents required by the court
As with other aspects of the probate process, the specific documentation required by your probate court will vary by state, and sometimes by state as well. If your court requires additional documentation, you will need to file it before the court hearing.
Step 4. Attend the hearing
Most wills will go relatively straight to the point. The court will provide basic facts regarding the date and country of death of the deceased and determine the authenticity of the will. You will be named as the official executor and allowed to distribute the property of the deceased according to what is written in the will.
- In states that have used the UPC, you may not need to attend a formal hearing at all. In this state, if no one is against or objected to a will, everything can be handled with just the files.
- If at a court hearing, the judge determines that the will is invalid, then the will will be declared invalid. In this case, you will no longer be considered the executor and the property of the deceased will be distributed under the state's non-willing law. This law regulates the distribution of property when the deceased does not leave a will.
Part 3 of 4: Dealing with the Disputed Probate Process
Step 1. Understand that the party concerned can dispute the will
In some cases, the trial of wills is not so easy. Heirs, beneficiaries, and creditors can dispute the will and your role as executor. The situation can be very complicated, and because this will involves family members and friends of the deceased, it can also be a very emotional one. The party concerned can dispute the process of ratifying the will for several reasons. These reasons include:
- The party concerned feels entitled to get a distribution of property that is more than what is written in the will.
- The party concerned believes that the deceased was coerced, deceived, or unfairly influenced when writing a will.
- The party concerned suspects that the will does not comply with certain legal requirements.
- The party concerned thinks that there are people who are more worthy of being the executor than you.
Step 2. Defend against objections
If there are one or more parties concerned who object to the ratification of the will, you will be assigned to defend the will and/or your duties as executor. Depending on the complexity of the situation and the timing of the objection, the judge will make a decision at the hearing or schedule a second hearing to take care of its progress.
- One of the most frequently challenged situations in which a will is ratified is when the heirs object to the distribution of assets written in the will. While some states have specific laws to provide for the spouse of the deceased, in general a person is free to choose who gets his assets. Therefore, in this case, the judge will only pay attention to the validity of the will itself. Your job is to demonstrate, through witnesses and other evidence, that the will complies with state law and represents the original purpose of the deceased.
- The reason that is rarely found in opposition to the process of ratification of wills is the legal concept of giving property to the state if the deceased dies without heirs or descendants. This situation occurs when the government may have rights to some or all of the property of the deceased. This situation is common when the deceased has no living heirs, but depending on the state, there will be situations where the government takes a share of the distribution of the deceased's property. In a case like this, your job is to show that the will is valid and that there are legal heirs entitled to the property of the deceased, not the government.
Step 3. Ask a lawyer for advice
Even if you don't think you need a lawyer to take care of the entire probate process, you may need to seek advice from your attorney if you have any objections to your will or your role as executor. This process can get very complicated quickly and you should at least need an opinion from a lawyer on how to sort things out before you take matters into your own hands.
Part 4 of 4: Resolving Property
Step 1. Gather relevant information
When the trial or required paperwork is complete, you must settle the property by paying creditors, paying for the property, and closing the property. To do that, you need to get the following information:
- IRS employer identification number for handling property taxes
- List of deceased assets
- List of all known creditors and the amount of their claims
- List of other legal obligations of probate courts
Step 2. Open a bank account for property
You will need a bank account that is intended only for possessions. This account will keep assets and liabilities completely separate from your own account, and this is required by law.
Step 3. Assess and inventory all assets
Before anything can be paid for or shared, you need to have an item of value, usually by a legal appraiser. This process will tell you accurately about the value of the property, how much must be paid to creditors, and how much will be received by the heirs. Categorize each asset according to its release status.
Step 4. Released assets are property that creditors cannot take to pay off debts of the deceased under state law
These assets are usually real estate of a certain value and some specific personal property.
- Some assets are outside the estate's will because they have been named with the beneficiary specifically after the death of the deceased. These assets are included in 401,000 plans, life insurance policies, pension funds, and joint bank accounts. Assets that are outside the will are also known as liberated assets.
- Unreleased assets are property that creditors can collect to pay off debts from the deceased.
Step 5. Calculate the value of the unclaimed asset
Do not involve the released assets including assets that are outside the will. The amount of assets that are not released will be used first to pay bills from creditors as their priority. The rest of the assets that are not released will be distributed to the heirs according to the will.
Step 6. Pay creditors
You must evaluate creditor claims under the laws of your state and country. For legitimate and verifiable claims, you will need to pay creditors properly. You will need to liquidate some assets or cash out, if needed, to pay bills.
- Your state may have set a time limit or “creditor claim period,” for creditors to file claims. You will need to wait until this period has elapsed before you distribute any assets that may be available to creditors.
- If you doubt the validity of a creditor's claim, you may be able to seek advice from your attorney.
Step 7. Manage the tax bonds of the estate
Property taxes can be confusing, so it's best to consult an accountant with experience in this matter. State laws vary widely, but in general, if the value of the property is higher than a specific amount, you will need to file a state tax return in addition to the federal tax return.
Step 8. Get permission from the court to distribute the remaining assets
When the creditor's claim period is over and you have paid the outstanding property bonds, you can get permission from the court to distribute the property to the heirs.
The endorsement of your will may require you to send additional notices to the parties concerned before you can close the property. You should check with the courts to see if you need to do any additional requirements
Step 9. Distribute the remaining assets according to what is written in the will
When the property bonds have been paid, you can distribute the remaining money and assets to the heirs, according to what is written in the will and/or based on court decisions.
Documentation is important, so make sure you get receipts for all the possessions you distribute. Keep accurate records if you are asked to provide them to a probate court
Step 10. Follow up with the probate court
When you have distributed all the property, file the required documentation in court. At this point, if all goes well, the court will relieve you of your duties as executor of the property.
Tips
- Bear in mind that executors and administrators will be responsible for negligence related to property funds. Careful organization and documentation is very important. Feel free to contact lawyers, accountants, and anyone else whose expertise can help you manage your property effectively and responsibly.
- If a person dies without a will, his or her property will be subject to federal and state law. In some cases, a larger percentage of this property may belong to the government, creditors, or relatives of the deceased.
