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Probate & Taxes

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    Definition

    • Probate is the process through which a deceased person's estate is distributed to the remaining heirs. If the deceased leaves a valid will, the estate will be distributed accordingly. Otherwise, the court will determine how the estate will be handled.

    Administrator

    • The will may designate a specific person to oversee the details of the probate process. If it does not, the court will appoint an administrator to collect assets, resolve any outstanding debt and ensure the estate is distributed as intended.

    Taxes

    • The probate process also involves taxing the deceased person's estate, requirements for which vary greatly from one state to the next. Any outstanding unpaid taxes must be resolved before the estate can be transferred to the heirs.

    Keeping It Simple

    • Estates valued at less than $50,000 are considered exempt from probate. Having a clear, valid will reviewed by a lawyer helps to simplify the often complex probate process.

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