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ARTICLE · 02 NOVEMBER 2020

What You Need To Know To Avoid Probate

Probate is the court-supervised process by which a deceased individual's assets are transferred after death. Assets that are titled in an individual's sole name at death...

United StatesFamily and Matrimonial

Probate is the court-supervised process by which a deceased individual's assets are transferred after death. Assets that are titled in an individual's sole name at death without an appropriate beneficiary designation become part of that decedent's probate estate and must make their way through probate. The goal of the probate process is to protect the rights of heirs, beneficiaries and creditors.

Probate can be costly and time consuming, making it an undesirable process. Because it is court-supervised, documents filed with the court (such as the decedent's will and an inventory of the decedent's probate property) become public record. Expenses generally include court costs, personal representative fees and reimbursements, and attorney fees. With respect to duration, probate of a large or contested estate can drag on for years. Probate of a smaller estate, even if uncomplicated, may last six months or longer, depending on the types of assets owned, the complexity of

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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