About Decedent Estate Law

After an individual's death the family members of the deceased often have to face a process called probate. Probate is the process of gathering assets and debts left behind and processing them legally. Every state has a different probate process, and although the laws may vary slightly, it is enough that hiring a probate lawyer is helpful in the process.

What is a Decedent?

A descendent is the person who has died and left behind an estate. The estate may have been left to a spouse, child, relative or friend. Not all decedents' estates are required to go through a formal probate process, as it is dependent on the state in which they live.

Probate

Not all real estate or other assets are subject to the probate process. If you jointly own a property with another person, the survivorship clause may be set up and when you pass, the co-owner gets the property without any legal interference. The same laws apply to joint bank accounts and investment accounts with named beneficiaries. Basically, any asset that has no co-owner or beneficiary is subject to probate.

Settlement of Estate

The main purpose of probate is to ensure that all terms of the will are carried out and that the decedent's debts are paid in full. Beneficiaries, spouses and family members cannot inherit debts, and debts are paid off with estate before being given to family members. Assets may be sold or liquidated to pay off outstanding debt.

Heirs and Beneficiaries

After all debts have been paid, the remaining assets are distributed to named beneficiaries and heirs according to the terms of the will. If there is no will, the probate court will distribute the remaining assets according to state laws. Most state laws distribute to spouses, children and relatives first.