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.