Along with memories, assets are an integral part of a person’s legacy. Some assets have economic significance, while others, like houses or property, might have emotional relevance. So, as loved ones, we must safeguard their assets. Time is a valuable asset. Probate is a crucial judiciary procedure through which assets have to pass on.
Moreover, you can avoid the probate process sometimes, while sometimes it is inevitable. However, no matter the circumstances demand, you can make this transition smooth by initiating the probate at the earliest. As the adage goes – procrastination is the thief of time.
The blog expounds on probate meaning and how long after death is probate required.
What Is Probate?
Probate is a judicial process that involves administering a deceased person’s estate. At times, the probate process is time-consuming and comprehensive. When the person dies, the executor initiates the probate process.
The executor enlists the assets and determines the total estate value by using the date of death value or another alternative valuation date as specified under the Internal Revenue Code (IRC).
Moreover, the executor must pay the debts, file tax returns, and divide and distribute the assets among the beneficiaries. The executor is also responsible for filing a petition for probate.
What is probate of will?
A Probate of will means a certified copy of the will under the court’s seal of the corresponding jurisdiction with the grant to administer the testator’s estate. When a person dies with a will, he is known as the testator. The will has details of the executor, assets, and beneficiaries. The probate process gets initiated only when the executor files the petition.
Probate without a will
Moreover, if a person dies without a will, he is deemed to have died intestate. Also, if the deceased’s will is invalid, it is referred to as an intestate estate. Under such circumstances, the court distributes the estate according to state laws. Moreover, if the probate is without a will, the total cost of the probate is more.
When Is Probate Required?
Probate helps to distribute the assets among the beneficiaries. However, the probate process can be lengthy and involve many procedures and documents. But it is essential to analyze the question – do you have to file probate when someone dies? Therefore, it is essential to decide whether a probate is required.
The probate court is a judicial segment that handles the execution of wills and the distribution of assets to beneficiaries. Even though you are an executor, it is better to hire wills lawyers and wills attorneys as they are well-versed in the legalities and the procedures of the judicial system.
Moreover, judicial procedures are complex and demand extensive knowledge of the subject. Also, the laws vary from state to state. Hence, it is essential to consult estate and trust attorneys to determine whether probate is necessary.
A Probate is not required:
- If the deceased doesn’t own any assets.
- If the deceased owned the property jointly.
- Another way to avoid probate is to add a beneficiary or transfer the assets in the name of a trust.
- Besides, if the estate is smaller than the value specified by the state.
How Much Does An Estate Have To Be Worth To Go To Probate?
Every state has a specified value for the estate to qualify for probate. The executor can file simplified probate or summary probate if the estate doesn’t exceed the specified limit. Furthermore, the summary probate doesn’t require a hearing.
While the limit for probate varies from state to state, the process is the same. Also, some states allow alternative legal actions like affidavits for smaller estates.
The following is the list of states and their corresponding specified value to qualify for the probate process:
| State | Estimated value |
| Florida | $75000 |
| Texas | $75000 |
| California | $166,250 |
| New York | $50,000 |
| Pennsylvania | $50,000 |
| Illinois | $1,00,000 |
| Ohio | $35,000 |
| Michigan | $15,000 |
| North Carolina | Personal property $20,000; $30,000 for the sole surviving spouse left |
How Long Do You Have To File Probate After Death?
The probate process takes time due to the proceedings and the specific procedures. Moreover, the duration of probate varies from state to state. So, filing the petition at the earliest is imperative. Besides, the court can initiate the probate only after filing the petition. So, how long do you have to file probate after death?
Generally, you have to file the probate within 30 days of death. Besides, the sooner you file the petition is better, as the process is time-consuming. Some states allow six years to file a probate. But, Arizona accepts only probates filed within two years of the person’s death.
According to Uniform Probate Code (UPC), an interested party can open a probate. The entity can be family members, beneficiaries, heirs, or creditors.
The petition filed should include the following:
- An original will.
- A copy of the death certificate.
- Names and addresses of the deceased’s next kin.
- A checkbook for fees.
How long can you keep an estate open after death?
The rule is that you have to probate an estate within three years of a person’s death. However, the deadline is not applicable for the following:
- A voluntary administration
- Determining Heirs
- An additional probate proceeding
Further, you can file a late and limited formal probate if you haven’t filed one even after three years.
How long does the executor have to read the will?
There is no such thing as “Reading a will.” But, the probate court appoints an executor, and the executor files a petition for the probate process. Within 60 days, the executor has to inform all the kin regarding the initiation of the probate and that he is the executor.
The beneficiaries would receive the will’s copy along with the notification. Further, the court initiates a hearing to determine the will’s authenticity.
How long do you have to probate a will?
The question is standard and a somewhat confusing one. If the deceased’s will is available, you have to present the will in court at the same time when filing a petition. Generally, you have 10 to 90 days after the person’s death to probate a will. If you present the will late, the entire probate process gets delayed.
How Long Does It Take To File For Probate?
We know that probate is a lengthy process. But exactly how long does probate take? According to the American Bar Association, probate takes six to nine months. In California, probate takes about 18 to 24 months to complete. Once the family member or the executor files the petition, the probate is deemed open.
Moreover, there are different stages of probate. So, the duration of the probate process depends on how promptly the petition proceeds through them.
The following are the different stages of the probate process:
- File a petition
First, to initiate the probate, you have to notify the court that a probate is needed. An executor files the petition. Along with the petition, you must submit the decedent’s death certificate and a copy of the will or the last testament, if available.
- Notification to the beneficiaries and heirs
In the next step, the petitioner sends a notification of the probate along with a copy of the will to the beneficiaries enlisted in the will. Besides, the petitioner also gives notice to the heirs regardless of whether they are in the will.
- The first probate hearing
The court arranges the first hearing after you complete the initial steps. The court examines the will’s authenticity in the hearing, and an executor or an estate administrator is appointed. Generally, the deceased mentions the executor’s name in the will.
- Inventories the Estate Assets
Next, the executor inventories the decedent’s assets. It includes all the assets, financial assets with a beneficiary designation, belongings, and property that are not a part of any trust. Further in the process, the executor has to collect funds from the debtors and settle pending debts. Given that, these transactions influence the total value of the estate.
- Filing tax returns
After the executor determines the estate’s total value, the executor files the tax return. Also, the executor must pay any taxes due.
- Approval of the estate distribution plan from the court
Before distributing the assets to the beneficiaries, the executor must submit an estate distribution plan, and the court must approve the plan.
- The bestowal of Estates
The final and most awaited step is the bestowal of the remaining estate to the beneficiaries. The distribution is according to the plan, and the beneficiaries inherit the assets and the property defined in the will.
Furthermore, the duration of the probate depends on the following factors:
- Whether the probate involves a will
- If the will is authentic and error-free
- The size and complexity of the estate
- The speed and efficiency of the executor
- Also, the number of cases in execution
- Other external factors like the recession or the pandemic
Conclusion
While probate is crucial, it is only sometimes required. Therefore, before filing the petition, decide whether your estate needs probate. If so, how long do you have to probate an estate? Probate is a judiciary procedure that may take several months to years. Moreover, it is like a tunnel pipelined with different procedures and proceedings.
However, to discover the light at the end of a dark tunnel, it is imperative to get things right in the first place. To accelerate the probate process, have a valid will in hand and involve wills and estates lawyer. A probate without a will involves more time and cost.
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