The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
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Probate court is a specialized type of court that deals with the property and debts of a person who has died. The basic role of the probate court judge is to assure that the deceased person's creditors are paid, and that any remaining assets are distributed to the proper beneficiaries.
The executor first uses the funds in the account to pay any of the estate's creditors and then distributes the money ing to local inheritance laws. In most states, most or all of the money goes to the deceased's spouse and children.
A Will, also known as a Last Will and Testament, is a legally prepared and bound document that states your intentions for the distribution of your assets and wealth after your death. In the event you have children, a valid Will also allows you to designate who will care for them.
Once the executor receives authority to manage the estate, they have 60 days to file an inventory of the estate with the probate court. Creditors then have up to 12 months to enter their claims on the record. An interested party may object to the creditor's claim and request a jury trial or hearing within 30 days.
Probate is the legal process that you must follow to transfer or inherit property after the person who owned the property has passed away. Depending on the amount and type of property the deceased person owned, you may or may not need to go to court to transfer or inherit the property.
The Personal Representative must file a final account, report and petition for final distribution, have the petition set for hearing, give notice of the hearing to interested persons, and obtain a court order approving the final distribution.
A will is a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children. If you die without a will, those wishes may not be carried out.