probate british common law | Estate Tax Attorney

The probate system for distributing property after death traces its roots back to British common law.

  1. the decedent’s purported will, if any, is entered in court,
  2. after hearing evidence from the representative of the estate, the court decides if the will is valid,
  3. a personal representative is appointed by the court as a fiduciary to gather and take control of the estate’s assets,
  4. known and unknown creditors are notified (through direct notice or publication in the media) to file any claims against the estate,
  5. claims are paid out (if funds remain) in the order or priority governed by state statute,
  6. remaining funds are distributed to beneficiaries named in the will, or heirs (next-of-kin) if there is no will, and
  7. the probate judge closes out the estate.

Source: Estate planning – Wikipedia

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