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The probate court will then oversee the process of distributing the deceased's assets to the proper beneficiaries. A probate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel an executor to give an account of their actions.
Unfortunately, probate court follows state laws if a person dies intestate (without a will). A firm estate plan takes those decisions out of a probate judge’s hands. How to Avoid Probate in Texas
The court has "exclusive jurisdiction over probate matters such as wills, trusts, guardianships, and conservatorships. The Court also has jurisdiction over family-related matters such as divorce, support, paternity establishment, family abuse protection, elderly abuse protection, disabled person's abuse protection, custody, and adoption." [2]
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
In Virginia, they ensure privacy and avoid probate delays and the probate tax. But trusts cost $1,000 or more in legal fees. You will still need a pour-over will naming the trust as beneficiary.
The Surrogate's Court of the State of New York handles all probate and estate proceedings in the New York State Unified Court System. All wills are probated in this court and all estates of people who die without a will are handled in this court. Unclaimed property of the deceased without wills is handled by the Judge of this court.
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You get $30,000 now and when probate ends, the advance company collects the $40,000 it purchased, plus the original advance amount and its fee. Any remaining inheritance funds are paid to you.