The Role of Probate Court in Estate Distribution

 Legacy Probate International has over 100 years of experience assisting trustees, administrators, attorneys, and estate executors in locating the rightful heirs. They employ forensic genealogy to trace family lineage back to the 1800s. In addition, Legacy Probate International notifies individuals when potential heirs are found and offer complete assistance in filing their claims.

If no beneficiaries are located, or if the original estate holder dies without a will, the probate court undertakes proceedings for the estate. The probate court is responsible for validating the will of the deceased person, ensuring that it complies with all legal requirements, such as the testator's (writer of the will) mental capacity at the time of signing. If the will is deemed valid, the court can proceed with the administration of the estate according to the outlined terms in the will.

In cases of no valid will, the probate court takes responsibility for determining the distribution of the descendant's assets according to the laws of intestate (the legal term for dying without a will) succession. These laws command the order that heirs are entitled to inherit succession.

The court also appoints an administrator or personal representative that manages the estate and distributes the assets according to the law. The probate court fully supervises the administrator to ensure responsible and timely fulfillment of all duties, including gathering the decedent's assets and paying outstanding debts and taxes.

The probate court resolves disputes that may arise between heirs, creditors, and interested parties. They adjudicate these conflicts and issue binding decisions. This process is significant as it helps maintain transparency and fairness in distributing the descendant's assets.

About the Probate Process

 

Using genealogy technology to reach as far back as the 1800s, Legacy Probate International helps beneficiaries access their entitled inheritance upon the death of an estate owner. Legacy Probate International’s team, with over a century of combined experience, assists attorneys, estate executors, and administrators with identifying and locating heirs to commence the probate process.

Probate is the end-to-end process of administering the will of a deceased person's estate. It typically involves organizing assets, money, and other possessions; processing taxes and debts; and distributing the inheritance to the rightful heirs. In most cases, the deceased indicates in a will, if available, the person or entity responsible for handling the process and administering the estate.

Before the will executor starts the probate process, they apply for the Grant of Probate. This legal document offers them the authority to commence the probate process. The next step entails completing the inheritance tax form, paying dues, filing the returns, and receiving the Grant of Probate. This is followed by repayment of any outstanding debts and distribution of the remainder to the heirs as per the will.

The above process only occurs without the presence of complications, contesting parties, or disputes between the creditors, heirs, and executors. In such cases, probate companies, through their research and legal teams, help resolve the issues and, in some cases, assume the position of the executor.

How to Develop Investigative Leads for Forensic Genealogy

 When a person passes away, they leave assets required to be distributed to their heirs or creditors. Upon death, the family members of a decedent may request the court to conduct a legal process where the properties of the decedent are analyzed and dispensed to the rightful heirs – this process is called probate.

The decision to involve a probate attorney in an estate case is highly dependent on the value and nature of the estate. If the estate is owned by more than one party, it is considered a complex case requiring a legal process beyond the probate process. However, if one person owns the estate with a will (testate case), the case can be sorted out through informal probate. If the decedent does not have a will (intestate case) and the inheritors are not identified, the family members may need to consult a forensic genealogist to help them determine where assets should end up.

Forensic genealogy is a process to identify missing heirs, prove citizenship, discover unknown heirs, and grant access to properties. It is a powerful investigative tool used to dig deep into a person's family tree to uncover the identities of the rightful owners of certain property that has not been claimed.

A forensic genealogist is a person licensed to carry out genealogical research to investigate cases having legal implications. The forensic genealogist often represents clients in the courtroom, defending their rights to properties or assets by testifying on their behalf and presenting research reports, affidavits, DNA profiling, relevant certificates, and documents by the Genealogical Proof Standard.

The forensic genealogist provides expert assistance in finding the right potential intestate heirs and determining all of the property due them. Much research, including heir research, goes into providing accurate investigative reports. To produce the best result, the investigative report must be comprehensive enough to include citations, in-depth analysis, and sound, unbiased and impartial judgment with well-documented evidence.

Forensic genealogy has been used as an effective tool to generate investigative leads capable of driving the investigation effectively. The forensic expert identifies potential investigative leads by developing family trees from investigative reports, identifying distant and close relatives, checking public databases, and testing for DNA results.

As an investigative tool that has been used since the 1950s, there are several ways in which cases can be thoroughly investigated to provide accurate reports and yield the desired outcomes. Upon consultation, the expert forensic genealogist can track down the right inheritors of a decedent's estate through contracts signed by the land owner, leases, and deeds. The information in these documents can serve as an effective tracker to determine the individuals associated with the estate.

In addition, the forensic genealogist can perform a Due Diligence Search through DNA analysis that can be obtained from several DNA databases such as 23andMe, GEDMATCH, Meritage DNA, Ancestry DNA, Living DNA, etc. Forensic genealogists can also investigate family members to determine those who were adopted or under foster care. In addition, they can search for old and new photographs of the decedent, birth and marriage certificates, immigration records, proof of citizenship, history of family members, records of close and distant relatives, and signed contracts, among others. Through these investigative reports, the forensic genealogist will have valid points and well-constructed narratives to make the affidavit required by the court more credible.

An Overview of Estate Plans & Probate

A last will and testament is a crucial piece of an individual’s estate plan. This legal document outlines various desires and plans for a person’s assets following their death, particularly in regard to their dependents and charitable interests. Basic components of a will include how to distribute possessions and how to manage various things the person had been responsible for, such as financial interests or custody of a dependent. In most cases, a last will and testament is a standard document, although emerging trends in certain territories now include holographic wills.

While death can be a very sensitive subject, people should begin thinking about their last will and testament and other aspects of estate planning as soon as possible. To start, they should consider who they would like to name as the executor of their estate. This person is tasked with carrying out the requests described in the will to the best of their abilities.

Estate plans do not always consist solely of a will. Other aspects include setting up trusts and the designation of power of attorney and health care proxies. That said, while life insurance policies, qualified retirement plans, and various assets not designated by a beneficiary can be exempt from a last will and testament, a will is considered the single most important component of an estate plan.

Of course, understanding the purpose of an estate plan and what should and should not be included in a will is useless if a person does not know how to legally formalize their estate plan. To this end, people should consult with experienced attorneys. It is not uncommon for attorneys to function as executors. While specific requirements vary from state to state, many locations require a person to sign their will into existence in the presence of at least two non-familial individuals over the age of 18.

Individuals who pass without a will (or without completing a will that can be recognized by a court) leave their estates to the whims of a probate court. The realities of this scenario should be readily apparent to any parent or guardian. Without naming a family member or friend to watch after children in the event of parent’s death, the decision is left to a court consisting of individuals who do not know the child or the nature of their relationship with other members of the family. While courts will attempt to do their best on behalf of children, this is a decision best left to those who know and care for the children.

While the welfare of a child may be one of the most pressing issue linked to probate court, it is hardly the only matter people should be aware of while composing their last will and testament. In some states an estate enters into probate court as a matter of fact, while other states only initiate probate processes if the decedent has no will or the will in place is contested, such as a beneficiary claiming the decedent was not of sound mind when signing the document.

If a will is not present or recognized as valid by the court, probate officials will use standard laws to distribute assets among beneficiaries. Again, these processes should encourage a person to start managing their estate. Consider the case of a long-term boyfriend or girlfriend. In many jurisdictions, such a relationship holds little to no legal bearing. This individual would be unlikely to receive any support through probate processes, as laws often define dependents as spouses, children, and other immediate relatives.