Making Sense of Probate Records
Important papers that are used in probate processes are called probate records. Probate research, which deals with the study of family trees, looks to probate documents for valuable sources of data. As one can imagine, historians, genealogists, and curious family members alike look to probate records to shed light on important family issues such as family lines and even property disputes.
The Various Types of Probate Documents
The first group of probate records has to do with personal properties that need to be given to the court. In digging into probate paperwork that cover personal properties, the will must state what sort of assets are included, who the beneficiaries are, who'll be tasked with being the personal representatives, guardians for minor kids (in case the heirs are young adults below 18), the signatures of witnesses and the will's owner, and notary endorsements.There are prescribed forms for drafting or writing wills, which law firms and courts provide. In today's world of high-tech everything, developing someone's will is made easier. There are tons of how-to materials to help in crafting a will as well - from CDs to computer software programs to e-books. Software products are a bit pricey compared to their book counterparts. The various versions usually cost between $25 and $50.
Another important probate document is the statement or proof of assets. These are all solely in the name of the decedent. Probate documents relating to such proof can include securities, life insurance premiums/policies, foreign properties, US savings bonds, individual retirement financial accounts, employee benefits plans, bank accounts, tax refunds from the IRS and social security benefits.
A second category of probate documents is administrative papers. These are needed in any kind of probate record. Documents that are included here are "petitions for letters of administration" or "petitions for will probates and letters testamentary." A few courts call the two letters "notices of appointment, " but they're usually referred to as plain "letters." The required documentation is submitted together with the death certificates and fixed filing fees.
Probate proceedings are conducted by a judge. He or she appoints people to handle the probate matter and execute the will and/or administer whatever assets were left. The judge then hands down the order being sought. Whenever necessary, a judge undertakes hearings and addresses questions raised by providing written instructions or orders. An example of this would be an order requiring the payment of the decedent's taxes and debts and dividing what's left among his beneficiaries.
The "notice of administration" is another important probate record - sometimes known as the "notice to creditors." It's a notice that's given by personal reps - after identifying, putting together, appraising and protecting probate assets - for publishing in the local or town newspaper. Notices are published so everybody, including the deceased's creditors, will learn of the current status of the properties. The notices make it possible for creditors to take action and claim the amount that's due them via the filing of "creditors' claims." This way, they are able to recover whatever money the deceased owes them.
Once the notice has been sent out, the personal representative distributes the properties to the beneficiaries and heirs. He or she then gets them to sign a "Receipt and Waiver" document, signifying that the beneficiaries and heirs got to receive their respective cut of the deceased's estate. After this, the personal representative turns in all receipts and waivers along with a Completion of Probate declaration to the probate court.
Lastly, the probate court issues a Transfer of Property order to the beneficiaries and heirs. This is essentially the conclusion of the whole probate process. Data from probate records are fairly reliable as they're based on clear and concrete evidence.
Next Article: State Courts and State Court Records