Probate is the legal process through which a deceased person’s estate is administered and distributed according to their will or state laws if no will exists. It is necessary when a person passes away and has assets that were not transferred through other means, such as trusts or joint ownership, and requires court oversight to ensure proper distribution.
A will is a legal document that outlines how a person’s assets should be distributed after death and may require probate. A trust, on the other hand, allows for the management and distribution of assets during a person’s lifetime and after death without the need for probate, offering more privacy and control over how assets are handled.
An executor (for a will) or trustee (for a trust) is responsible for managing the estate or trust, paying debts, distributing assets to beneficiaries, and ensuring that the decedent’s wishes are followed. They are legally obligated to act in the best interest of the beneficiaries and ensure that all legal and financial matters are handled appropriately during the administration process.
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