Tag Archives: probate

What is a Surrogate?

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All state court systems have procedures for handling wills and other estate matters, including estate administration, guardianships, conservatorships, and trusts. When someone dies with a will, the will must be proved to be valid, and the instructions in the will carried out. This process is called probate, so most courts that handle estate matters have come to be called “probate” courts.

Some court systems have separate probate courts; examples can be found in Connecticut,  Georgia, and Texas.  More often, a state’s main trial court will have a probate division; examples can be found in California Superior CourtRead More

End of Life Decision-Making

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Nobody wants to think about worst case scenarios. We all hope that should we die or become incapacitated, our family and friends would make decisions for us that are in line with our wishes. However, the only way to truly ensure that our wishes are carried out (and the only way to remove as much of the stress of such decision-making from family and friends as possible), is to cement those decisions into a legal document in advance.

Some of the most important documents to have drawn up in advance are a living will or “advance directive,” a health care … Read More

Probate: What is it, Where Does it Happen?

Probate is a legal process involving the property of someone who has died. The probate process determines who will inherit the decedents property and it occurs whether a person dies with a will (testate) or without a will (intestate). Probate is necessary even with the existence of a will because a court needs to confirm that the will is legally valid before any property is transferred. Generally, one person is appointed to manage the probate process. If the person was named in the decedent’s will, they are called an executor or executrix. If there was no will, than the individual … Read More