Frank J Gorshin Gorshin

Gorshin FInancial Group Inc

Frank J Gorshin Gorshin picture

What is probate? How does it work?


Probate is a process that identifies the deceased person's assets and provides for the legal transfer to the intended beneficiaries. The process can identify debts, value property, and pay debts and taxes.

Probate involves filing paperwork, public notices, and court appearances by lawyers. Attorneys are paid a fee from the estate to provide legal services, and the amount of these fees is determined by the extent and often the estate's value.

The standard process would begin with the person named the "personal representative" as directed by the deceased's Will. If a person dies without a Will, the representative will be appointed by the court. The personal representative hires the attorney typically to help direct them through the legal process. The court and the public are notified of the decedent's passing and put on notice that the probate case is open. The Will is validated, and the list of assets is presented to the court and any debts and unpaid taxes.

Known creditors and beneficiaries of the estate are notified.

The representative must manage the assets during this process and make sure that the assets are secure. If instructed by the courts, the representative may be required to sell or change an asset. This instruction may be from details listed in the Will and may need to comply with any specific bequests, such as a cash gift or disbursement.


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