MEDLINEplus Health Information: Return to home page   A service of the National Library of Medicine: Go to NLM home page
Search     Advanced Search    Site Map    About MEDLINEplus    Home
Health Topics: conditions, diseases and wellness Drug Information: generic and brand name drugs Dictionaries: spellings and definitions of medical terms Directories: doctors, dentists and hospitals Other Resources: organizations, libraries, publications, MEDLINE

Medical Encyclopedia

Disease     Injury     Nutrition     Poison     Special     Surgery     Symptoms     Tests


Legal issues
 
Overview   

Probate



Information:
Probate is a legal procedure that occurs after a person's death, when the person's estate is "settled." If a last will and testament exists, this is when the court decides whether the Will is valid (has been written by someone who was competent, with witnesses, and in the correct language). If valid, the court gives the executor authority to administer the affairs of the estate. If no executor or will exists, the court appoints an estate administrator.

Probate takes a minimum of 7 months to complete. Creditors have 6 months from the notice of a probate to file claims against the estate. All creditors who are owed money are paid by the estate. The court oversees the entire distribution process of an estate, including the transfer of titles and payment of taxes.

If there is no will and your husband or wife petitions the court to be the representative of your estate, he or she is still under the direct supervision of the court for all financial matters. Even decisions that most people want their spouse to make will be overseen if there is no will.

Property that is jointly owned, otherwise directed in living trusts, or life insurance policies with a named beneficiary are not subject to probate proceedings. Such property is already directed to a specific person or persons and is not distributed during probate.

Probate costs depend on the value and complexity of the estate. Fees are approximately 5% of the total, including attorney and executor fees.



Adam

The information provided herein should not be used for diagnosis or treatment of any medical condition. A licensed physician should be consulted for diagnosis and treatment of any and all medical conditions. Copyright 2000 adam.com, Inc. Any duplication or distribution of the information contained herein is strictly prohibited.

Health Topics | Drug Information | Dictionaries | Directories | Other Resources