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What Is Probate?

  • By: Starr Law Offices
  • Published: January 5, 2017

TED STARR ANSWERS FREQUENTLY ASKED QUESTIONS

In this video blog, you’ll get the answer to this frequently asked question: What is probate?

Hi, my name is Ted Starr. I’m an attorney in Pinellas Park, Florida and I’m here to answer some questions. The question is: What is probate? This is a word that most people grapple with because they don’t understand it. They think it’s just going to cost them a lot of money and they don’t understand why it cost them a lot of money and they’re just frustrated. Typically after someone passes away, what you’re worried about is who would receive the assets that they are leaving. Importantly through the probate process, you’re making sure all final creditors are paid. What the probate process does is it allows us to prove what the real will is as well as prove who real creditors are and if they have real debts. So that’s what that process does. It allows us to prove those things. And it does it in an orderly fashion with deadlines so things have to move along fairly quickly. It doesn’t take necessarily forever. What’s important is that at the end of it after someone passes away that there’s no creditors that are forgotten about, there’s no heirs that are forgotten about and that everybody who is entitled to receive anything receives their fair amount. That’s the purpose of probate. The purpose isn’t necessarily to tie up families and cause a great deal of expense and that’s not always the case with probate. Usually it’s a fair transfer of assets and often times families seem to benefit from the rules of probate. And there are even some protections in probate that benefit families as well.

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