The probate system for distributing property after death traces its roots back to British common law.
- the decedent’s purported will, if any, is entered in court,
- after hearing evidence from the representative of the estate, the court decides if the will is valid,
- a personal representative is appointed by the court as a fiduciary to gather and take control of the estate’s assets,
- known and unknown creditors are notified (through direct notice or publication in the media) to file any claims against the estate,
- claims are paid out (if funds remain) in the order or priority governed by state statute,
- remaining funds are distributed to beneficiaries named in the will, or heirs (next-of-kin) if there is no will, and
- the probate judge closes out the estate.
Source: Estate planning – Wikipedia
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