Q: What happens to an individual's assets if he doesn't write a will or otherwise take any legal steps to show how he intends his assets to be distributed at death?
A: If no legal steps are taken while an individual is alive, then his estate will be distributed in accordance with the state's intestate law. In essence, the state will determine to whom an individual's assets should be given when he dies.
Q: What is probate?
A: Probate is the judicial procedure by which the will of a deceased person is established to be valid, and by which the property of a deceased person is transferred to his or her heirs or beneficiaries. The probate process will give an heir or a beneficiary good title to the deceased person's assets.
Q: What is the difference between an heir and a beneficiary?
A: An heir is a person entitled by the state's intestate statutes to receive a deceased person's property when the deceased person died without a will. A beneficiary is a person named in a deceased person's will.
Q: Why does an heir or beneficiary need to establish good title to the deceased person's assets through probate?
A: Unless the heir or beneficiary establishes good title to the assets, he will find it difficult or impossible to possess, use, sell, or otherwise benefit from the assets he is entitled to. For instance, without clear title to a house or other piece of real estate, the heir or beneficiary would be unable to prove to a potential buyer that he has the legal right to sell that property.
Q: What is an "executor"?
A: This is the person appointed in a will who is responsible for probating the estate. If the will does not name an executor, or, for some reason, the executor is unable or unwilling to serve, then the court will appoint an "administrator", who will carry out the same functions as an executor.
Q: What is an "independent administration"?
A: This is a simplified probate procedure that is available in certain situations. For instance, the will can contain language commanding that the estate be probated as an independent administration. It involves less court supervision than a "dependent administration", which is the normal probate procedure. Because an independent administration involves less court supervision, it normally means that less expense is uncured in probating the will.
