The inheritance of property is not a simple procedure. You may have written your Will already and assume that when you are no more the property and everything you own will automatically be passed over to the person indicated in your Will. Unfortunately legal proceedings are not so simple.
When somebody dies the belongings will have to be passed on to another and this is done through the probate court. Regardless of if the deceased has a Will written or not the procedure remains the same. The probate process is a way in which one proves the ownership of the deceased person’s belongings.
The court will first verify if the property mentioned is indeed that of the deceased. This is confirmed by an individual who is noted as an Executor in the Will or by an Administrator if there is no Will written. The Administrator is appointed by the court.
It is the duty of the executor or administrator to ensure and document all the files identifying the titles. Apart from this they also confirm if all the dues on the property have been cleared. The next step would be for the court to look into the instructions on disbursement of belongings.
One should also understand that if the estate is considerably small one can go ahead and skip the probate court. This limit which identifies if the estate is small varies from state to state and by dollar amount too.
Since these records are considered public records, anybody can request to look into them. It is also common to find people with lots of assets setting up trusts to avoid expense and public disclosure after which ownership is transferred into the trust created.
These trusts have the ability to go through probate since they have already proven title. These trusts when set properly have the ability to keep estates out of the public record which is considered a very important privacy concern. However, it is very important that the setup is done meticulously.
If people with a trust have missed to add something to the trust, they are free to have a Will written. The complexity of trusts and probate are very high. Though the process followed is much the same every time, there are a lot of exceptions and legalese. In the process of recovering a judgement the divorce court and probate court prove to be a valuable resource in providing good and authentic information.