Did you know that it may be possible for your money
and assets to be tied up in probate court—a year is not uncommon—if you were to
die?
That’s why it’s important to review the
beneficiaries of your life
insurance policies and to verify that they will be paid to a named
beneficiary (a person) and not the estate. This will prevent the money from
being part of the probatable estate.
Here’s why it matters.
Probate is simply the Latin word for prove, which
means that the estate probate process is the process by which your will is
brought before a court to prove that it’s a valid will. The courts charged with
this responsibility are generally known as probate courts, which may actually
supervise the administration or settlement of your estate.
The probate process is governed by state statutes
that are intended to accomplish three primary objectives:
- To preserve estate assets
- To protect the rights of creditors in the
payment of their claims before the estate is distributed to the heirs
- To assure that the heirs receive their
inheritance in accordance with the terms of the estate owner’s will
Once the estate’s personal representative (executor
or administrator, if the estate owner died without naming a personal
representative) is approved by the probate court and posts any bond that is
required, the probate process generally proceeds as follows:
·
The personal
representative must “prove up” the will—prove that it is a valid will signed by
the estate owner who was competent and not under duress or influence at the
time of signing
·
Notice must be
given by the personal representative to all creditors to make prompt claim for
any money owned to them by the estate
·
The personal
representative must prepare and file an inventory and appraisal of estate
assets
·
The personal
representative must manage and liquidate estate assets as appropriate to pay
all debts, fees and taxes owed by the estate
·
Finally, the
remaining estate must be distributed to the heirs in accordance with the estate
owner’s will (or the state laws of intestacy if there was no will)
·
While it is not
uncommon for the probate process to require a year or more and considerable
expense before the estate is finally settled, proper planning can serve to
minimize the impact of the probate process on your estate and heirs.
By ensuring that your life
insurance benefits are paid to a named beneficiary and not the estate, you
will prevent the death proceeds from being part of the probatable estate,
saving both time and expenses in distributing proceeds to your beneficiaries.
As you can see, this is a complicated matter that
is best worked on with the help of your financial, insurance and legal
advisors.

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