What does probating a Will/Trust mean?

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What does probating a Will/Trust mean?

Asked on June 10, 2015 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Probate is the legal process of transferring title to property from a deceased person to their heirs or beneficiaries. The process is supervised by a court and can includes paying any debts that are owing, gathering and making an accounting of of the deceased's personal and real property, distributing the assets (or prceeds if they are sold), etc.

If the deceased has left a valid Will/Trust, probate may be made easier and shorter. The executor/trustee (the person named to administer the Will/Trust) ubmits it to the probate court in the deceased's state of domicile, along with a petition asking the court to accept it as valid. If ithe estate is not complicated, the probate process may take less than a year, depending on state law.

 

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