What Is the Definition of Probate Law?
Probate law encompasses the statutes, rules and practices that govern estate planning and estate administration.
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Estate Planning
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Estate planning is the process in which a person makes advance arrangements to transfer her assets after her death and to provide guidance to survivors on resolving her unsettled personal matters. It usually involves preparing a will and other documents with the advice of such professionals as attorneys, financial planners and accountants.
Estate Administration
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After a person dies, his estate often goes through probate, the process in which an executor consolidates a decedent's assets and uses them to pay debts, taxes and probate expenses. Survivors then receive remaining assets according to the terms of a will or state law.
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Court Supervision
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Probate courts (called surrogate courts in some states) verify the validity of wills and oversee the administration and distribution of estates.
Lawyers' Roles
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Attorneys who practice probate law provide legal and estate-planning services to clients before their death and legal services to executors and survivors during and after probate.
Considerations
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Because probate can be expensive and time consuming, people with high-value estates often use various estate-planning tools, such as certain types of trusts, to avoid it. The vast majority of estates, however, qualify for the straightforward probate procedures that most states have adopted.
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