ESTATE ADMINISTRATION & PROBATE
(Click here to watch 3 Ways to Avoid Probate Without an Attorney video)
When a loved one passes away the assets left behind can only be legally transferred to the beneficiaries in certain ways.
If there is no estate plan, the person dies “intestate”. The heirs of the estate hire a lawyer and asked the court for the authority distribute the assets. This process is called an administration proceeding.
(Click here to watch How to do Probate on your Own video)
If there’s a will, the executor must hire a lawyer and asked the court for the authority to distribute the assets according to what is written in the will. This process is called a probate proceeding.
In either of these cases, the family will need to hire a lawyer and go to court to get letters testamentary or letters of administration.
If a person uses the trust, none of the assets owned by the trust require any court involvement to transfer the assets to the family. Trust administration, however, is required which means keeping records documenting the transfers properly. This is all done in the lawyer’s office and there is no court involvement. In fact in certain estates, there is no lawyer involvement after death. All the family needs is a good CPA.
(Click here to download How To Find a Lost Will PDF)
(Click here to download Safe Deposit Boxes PDF)
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