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The judicial process in which an instrument purporting to be the will of a deceased person is proven to be genuine or not; lawful distribution of the decedent’s estate. The legal process of administering a will. Also, the judicially supervised process for marshaling a decedent’s assets, paying proper debts, and distributing the remaining assets to the persons or entities entitled to them. An estate may be probated even if there is no will.
A person (sometimes a family member) appointed by the court to administer the estate of a person who died without a will (i.e., a Personal Representative).
An individual or organization to which a gift of property is made. Person (or organization) receiving benefits under a legal instrument such as a will, trust, or life insurance policy. Except when very small estates are involved, beneficiaries of wills only receive their benefits after the will is examined and approved by the probate court. Beneficiaries of trusts receive their benefits directly as provided in the trust instrument.
The person named in a will to carry out the directions as set forth in the will. This person is the personal representative of the decedent’s estate.
The IAEA grants a personal representative (PR) or executor the authority to administer most matters regarding the estate without court supervision.
A person appointed by the court to administer the estate of a person who died with a will, but the will either fails to nominate an executor or the named executor is unable to serve.
An official appointed by the California State Controller to value all property (except for cash type items) in probate, small estate petitions, conservatorship, and guardianship matters filed with the court. Probate Referees also assist trustees in valuing assets in non-probate matters.
A legal document directing the disposal of the testator’s property after their death. A will is revocable during the maker’s lifetime.
A written legal instrument created by a grantor during his or her lifetime or at death for the benefit of another. Property is given to a trustee to manage for the benefit of a third person. Generally the beneficiary gets interest and dividends on the trust assets for a set number of years. A legal arrangement under which one person or institution (called a “trustee”) controls property given by another person (termed a “trustor”, “grantor” or “settler”) for the benefit of a third person (called a “beneficiary”). The property itself is sometimes termed the “corpus” of trust.
A licensed real estate agent or broker with specialized training and certified in probate real estate.
The probate process is complicated, stressful and time-consuming. Information on this site is to educate the visitor and should not be substituted for legal advice or tax advice. If you need legal help consult with an attorney or a tax professional. If you need help with the sale of a property in probate contact Probate Broker Sherman Fowler to help with bring your probate home to the open market or to find a buyer.
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