What Is Probate Inheritance?

Probate inheritance is the assets that are received by a beneficiary after an estate goes through the probate process. When an individual has a will, his assets will have to go through probate court before they can be distributed to the estate's beneficiaries. An individual's assets will also have to go through probate if he does not have a will or a trust arrangement.

Probate with a Will

When an individual passes away, the executor of his estate will have to go to the local probate court. If the deceased has a will, the executor will present it to the court, and the judge will decide if the will is valid. At that point, the judge will provide the executor with the power to transfer the assets of the deceased according to the will.

Probate with no Will 

If no will is present, the judge will appoint an executor of the estate. The judge will make decisions as to how the inheritance will be distributed to the family members of the deceased. The executor will then be in charge of distributing these assets according to the wishes of the judge. The assets that a beneficiary receives from this process are known as a probate inheritance.

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