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Simple English definitions for legal terms
independent probate
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A quick definition of independent probate:
Probate is a legal process where a court decides if a person's will is valid. It also involves handling the person's property after they die. There are different types of probate, including informal probate, which is a simpler process, and formal probate, which involves going to court. The property that is handled during probate is called the probate estate. After certain deductions, the remaining property is called the net probate estate.A more thorough explanation:
Definition: Independent probate is a type of probate that operates with minimal input and supervision of the probate court. It is also known as informal probate. Most modern probate codes encourage this type of administration, with an independent personal representative.
Example: When a person dies, their estate may need to go through probate to distribute their assets to their heirs. If the person had a valid will, the will must be proven to be valid in court. In independent probate, the personal representative can handle most of the process without the need for court supervision. This can save time and money for the estate.
Explanation: Independent probate is a way to simplify the probate process and make it more efficient. It allows the personal representative to handle most of the tasks involved in administering the estate without the need for court approval. This can include collecting assets, paying debts and taxes, and distributing property to heirs. By reducing the court's involvement, independent probate can save time and money for the estate and its beneficiaries.