To deal with civil legal issues, states occasionally divide courts into separate categories to avoid plugging up the legal system and indicate what cases need to be filed in what particular court. Family court is one of the most well-known categories, as is probate court. Probate courts are organized to solely handle probate issues, estate administration, and any related problems that might appear in those cases.
Some jurisdictions have a separate probate court system. Nevertheless, many states merge a few areas of the law under an umbrella court, usually a District Court or Circuit Court. Like most legal issues, many probate and estate administration proceedings are a matter of public record and can be accessed if you know where to look. Here is a short glance at probate records, where to locate them, and how they can be useful in certain legal matters.
What Is Probate?
“Probate” has a bit of a poor reputation on the planet of estate planning. Most of the discussion regarding probate is about how to evade it. While individuals usually agree that bypassing probate can be a good idea in many circumstances, it’s beneficial to comprehend the probate process to construct the best strategy for yourself.
“Probate” is a legal procedure that deals with the assets and debts left behind after someone dies. By default, probate is overseen by a court called the probate court. Note that the word “probate” can be employed to represent the legal process, the court in which the procedure takes place, or the distribution of assets.
The probate process can incorporate all elements of estate administration, such as:
- Establishing the validity of a will, if it exists,
- Selecting an estate administrator, executor, or representative,
- Computing all assets both in and out of the estate,
- Disbursing all pertinent estate taxes and other debts,
- Determining all heirs and other relatives,
- Allocating any remaining assets to the heirs as expressed in the will or intestacy statutes.
Probate normally begins when the deceased’s representative files a petition and the death certificate in the probate court. The procedure typically concludes when the court formally closes the estate.
What Type of Details Do Probate Records Contain?
Every jurisdiction differs on the kind of information and the kind of detail you can see in their records. There is also a technology component to consider, as larger counties with bigger budgets and more records to preserve will have a lot of their files digitized. More undersized counties might still maintain primarily paper records that you need someone to locate in person. And the more aged the case, the less likely you are to uncover explicit records on something. Today, courts have sophisticated filing and record-keeping systems, but the further back in span you go, the less likely you are to find whole records and valuable details.
So what can you uncover when scouring probate records? The most apparent answer is wills and codicils (will amendments) filed when someone’s family is prepared to disperse the deceased’s property to their designated heirs. In confluence with wills, petitions for appointing executors, checklists of legal heirs, and an inventory of all the property and debts affixed to the departed’s name upon their death.
In the event that there is no proper will to manage, the probate court will then head miscellaneous issues, including selecting the deceased’s legal heirs, naming all their property, and the process of distribution and paying debts through the method of intestacy. All of this is part of a probate court’s official responsibilities. All of the required paperwork is filed into the public record. Corresponding records like real estate deeds, stocks, bonds, and other property are also frequently included in the record.
Why Would You Require Probate Court Records?
Probate records can help you resolve various legal issues regarding heirship matters, ownership of property, and will validity inquiries. Many conflicts over who is permitted to inherit a precise piece of property can be decoded by glancing through probate and real property records to specify legal transfers and valid ownership. Whether there is a spat between family members or between an outside party and the family, uncovering the correct probate records is usually the most efficient way to decipher altercations.
Locating the proper probate documents can also help point you in the right direction when scouring for legal heirs and property records beyond a dispute case. Sometimes family members lose touch, and several generations can pass without accessing such information. However, if an estate case comes up in the future and you have no idea where to start, an excellent place to begin is with probate records.
What Are the Pros and Cons of Probate?
The cons of probate are what push individuals to bypass it – mainly, that probate is time-consuming and costly. Many states demand a 30 to 90-day waiting period as part of probate. If a relative or potential heir chooses to challenge the will or the court’s asset distribution, the procedure can take even longer. In addition, the court, lawyers, assessors, and other experts involved all charge fees for processing an estate. These payments generally come out of the estate itself.
There are, however, some advantages to the probate process. Foremost, for particular estates in some jurisdictions, probate may be mandated. It’s best to check with a local probate lawyer to resolve whether probate is required for your jurisdiction. Second, the formality of probate court frequently gives some degree of assurance to the deceased’s family. If there was ever a query about whether a will is accurate or about the worth of a certain asset, the probate process would find an answer.
How Can I Access Probate Records?
As stated above, every state does things differently regarding probate courts and how to access their public records. An excellent location to begin is an internet search requesting the state’s probate/estate records where the legal issue is. These states have government-operated websites to give you general knowledge and details on how to help you tighten your search, usually by county.
Many counties now have their websites with digitized real property and estate administration records that the public can access. Occasionally you need to request the information and pay a small fee formally. With older records and smaller states, you may need to call the county appraiser or clerk to look up the data in their physical records, as some areas are still not entirely digitized yet.
Do I Need an Attorney to Find Probate Records?
Most jurisdictions make an effort to make such records readily available to the general public. Nevertheless, the fact is that the amount of information you need to sift through and bureaucratic navigation channels can become overpowering very fast.
If you find yourself in a position like this, it is a good idea to seek the assistance of an estate planning and probate attorney to help you helm what can be a tedious process. They will not only know where to look, but they can usually find the data you are looking for in a much more time-efficient way.
Use LegalMatch to find the right probate attorney today. There is no fee to schedule a consultation.
