Who Legally Owns An Estate During Probate?
Who legally owns an estate during probate?
When a person dies, their estate is legally owned by their "executor," or the person who's been appointed by a will to carry out the wishes of the deceased. If no will exists, the estate is owned by whoever is designated as such in state law. In order to claim ownership of an estate during probate, you must be an executor or named in state law. If someone else is named as executor, you might be able to get them to give up the job or you might have to petition the court for permission to take control of the probate.
When you die, your estate must go through probate before it can be distributed to heirs. Probate is a legal process in which a will is proven valid, debts and taxes are paid, and property is transferred to beneficiaries. You would think that one's estate would automatically go to his or her beneficiaries to use as they see fit, but in most cases that's not true. Instead, the executor of your estate must petition the court for permission to distribute your assets. This petitioning can go on for months or even years while your heirs wait for the distribution of the assets you left behind.
If you have any questions or need a Probate and Estate Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
