See also: Decendent Without a Will

Several probate administration procedures may be followed regarding a decedent with a will (testate decedent). Please review the following for a more detailed discussion:

Probate of a Will as a Muniment of Title

Probating a will as a muniment of title (evidence that proves ownership of an asset) is a quick way to settle a decedent’s estate. It involves no administration of the decedent’s estate and serves to transfer title to assets that the decedent owned such as land or stock certificates.

This procedure is available if the decedent has no debts other than mortgages on real property (land). Once the order is issued allowing probate of the will as a muniment of title, title to assets may be transferred to the appropriate beneficiaries under the will.

Please feel free to contact the offices of York and Associates PLLC to set up a consultation regarding your probate situation.

Probate of a Will Under Independent Administration

Independent administration is available when the will appoints an appropriate individual as the executor of the decedent’s estate. Moreover, the decedent’s will should contain language stating that no other action will occur with respect to the will other than the recording and probating of the will and the filing of an inventory and list of claims that belong to the estate.

Under independent administration, the independent executor has several duties including the payment of estate debts out of estate assets. Once the debts are paid to the maximum extent possible, an affidavit is filed which has the effect of closing the estate. The affidavit serves as authority to legally transfer title to assets to the appropriate beneficiaries under the will. Contact the law offices of York and Associates to set up a consultation regarding your legal issues.

Should an individual have other questions regarding the probate of a will, Mr. York is available to answer any questions. Please contact our offices to schedule an appointment. In addition to regular weekday appointments, York and Associates also offers evening appointments during the week as well as weekend appointments. Furthermore, we offer flexible payment plans based on your circumstances.

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