Upon the death of a person who has made a Will, the probate process must be initiated.
Most commonly, a person who has made a Will has chosen a close family member to act as Executor or Executrix — this is the person that assists and oversees the administration of the deceased person\’s probate estate.
The Executor is usually empowered to submit the Will to the probate court or hire an attorney to oversee the probate process.
Once the Will is submitted to the probate court, the assets of the decedent will be gathered and inventoried, the taxes and certain expenses paid, and the property ultimately distributed to those persons named as beneficiaries in the Will.
Court approval is required to sell any property, and the court will oversee the distribution of the property (or the proceeds from the sale of the property) to the beneficiaries.
The time for completing the probate process varies, but can range from two months to 18 months or more, depending on the complexity of the estate.
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