Many court cases need a probate form in order to record corresponding documents. Probate offices handle a variety of cases that don’t necessarily have to be presented in front of a judge. Instead, they file appropriate paperwork to legally record the case.
The most common uses for a probate form include: settling probate estates; recording trusts; applying for legal name changes; acquiring marriage licenses; filing legal adoptions; and applying for guardianship or conservatorship.
Documents that are recorded at the probate office become a matter of public record, except in cases that involve minor children. All identifying information like bank account numbers, social security numbers, and birthdates are removed to comply with privacy laws, but the remainder of information can be viewed by anyone.
One exception to the rule is when information pertains to trusts. Trusts are used as part of estate planning to keep assets out of probate. When a trust is established the property is no longer part of the estate and thereby exempt from the probate process. Information pertaining to trusts, including the last will and testament, are kept private.
Probate is standard protocol for estate settlement except in cases where a trust is setup. A personal representative is appointed in the last Will or by the probate court. When a Will is provided the representative settles the estate in accordance with directions provided in the Will. If a person dies without writing a Will their estate is settled in accordance with state probate laws.
The last will and testament is used as the probate form to acquire a case number. Personal representatives are responsible for settling the estate and distributing inheritance property to designated beneficiaries.
People tend to procrastinate about writing a Will, but dying without one leaves family members with a heavy burden. Wills are one of the most important aspects of estate planning. This document provides directives regarding methods that have been established and identifies the people or organizations that are entitled to inheritance gifts.
Whenever a person passes away before writing a Will their estate must be settled through the probate office. Either a lawyer or relative has to supply a probate form and death certificate to obtain a case number. The person that agrees to become the personal representative appears in front of a judge to obtain court confirmation.
Estates that are settled via probate law tend to take longer than those where a Will is provided. All estate assets are suspended in court and cannot be transferred to heirs unless authorization is given by the judge. These kinds of estates are referred to as ‘intestate’. Many states require personal representatives to present documents to the court for every phase of estate settlement which slows down the process.
The only strategy that ensures inheritance gifts will be distributed to heirs and beneficiaries is to write a Will. Not only do Wills expedite the probate process, they are also necessary when setting up a trust. Even though trusts aren’t settled through the probate office the documents have to be filed there.
Other types of probate forms related to estate settlement include: estate claims; receipts for filling Wills; inheritance property transfer records; and validation of estate settlement.
Whenever the situations like above take place it is important to file the proper probate form. It’s always recommended to talk with a probate attorney or estate planner to make certain proper protocol is followed to lessen delays and reduce associated expenses.