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In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all
Probate is the process by which a court legally recognizes a persons death and authorizes the administrationthat is, the management and distributionof his or her estate. The simple purpose of probate is to transfer the assets out of a deceased persons name and into the names of the living.
An estate skips probate in Montana if its less than $50,000. Avoiding the probate process could be beneficial for an estates heirs, as the probate process in Montana can be long and expensive.
The stages of probate Stage one - Making contact with the asset holders. Stage two - Apply for the grant of probate/letters of administration. Stage 3 - Notifying the asset holders, apply for funds and placing statutory advertisements. Stage 4 - Distributing the estate. Stage 5 - Prepare the estate accounts.
Probate is generally necessary for possessions that have a title or deed. If the decedent owned any real estate or other assets that did not name beneficiaries, then the will must be probated in order to transfer title to the beneficiaries as spelled out in the will.
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It is up to the bank to decide. If an asset such as bank account has a value above the threshold at which the bank requires Probate (all banks have different thresholds) and the asset was held in the deceaseds sole name, then probate is required whether or not they had a valid will in place after death.
There is no general requirement that all wills go through probate in Texas. However, if the decedent dies and leaves a will, you can only implement its provisions through probate.
Living Trusts In California, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
California law provides that a probate is not necessary if the total value at the time of death of the assets, which are subject to probate, does not exceed the sum of $166,250.00 There is a simplified procedure for the transfer of these assets. The $166,250 figure does not include vehicles and certain other assets.
California law provides that a probate is not necessary if the total value at the time of death of the assets, which are subject to probate, does not exceed the sum of $166,250.00 There is a simplified procedure for the transfer of these assets. The $166,250 figure does not include vehicles and certain other assets.

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