English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

2 answers

The process is fairly straight forward in most cases.

Whoever has a copy of the will -- next of kin, attorney, etc. -- brings a case before the probate court -- the probate court will evaluate the will, make sure it meets the requirements set forth by the state (number of witnesses, signature, etc.)

If there is more than one will -- the court evaluates each to determine which is the last valid one -- if there are challenges,
the court hears those.

After that is resolved -- any statutory distributions take place -- such as property held in joint tenancy with rights of survivorship -- or community property -- or anything else that happens regardless of whether there is a will.

Whatever the last will is found valid, it is approved by the court -- and the court appoints an executor (or more than one) to see that the instructions in the will are carried out. If there is no valid will found -- then property passes according to state laws for "intestate succession".

2007-10-19 15:25:35 · answer #1 · answered by coragryph 7 · 0 1

If it's a big estate, it would need to go through probate in the courts. Then all the heirs sign off that they have received what they were supposed to. If it is a small estate, with not much that needs changing names of ownership, it can be informal.

2007-10-19 22:22:28 · answer #2 · answered by Flatpaw 7 · 1 0

fedest.com, questions and answers