A probate form is used with several kinds of legal situations that are recorded through probate offices. Some of the more common uses include: settling probated estates; legally recording trusts; applying for guardianship of minor children and incapacitated adults; filing legal name changes; acquiring marriage licenses; and adopting a child.

The probate form serves different purposes dependent upon the type of proceeding. With estate settlement the form is necessary for opening a probate case. With trusts, there is no need for a legal proceeding, but the document needs to be recorded by submitting a form.

Records that are presented to the probate office become a matter of public record, with the exception of proceedings that involve minor children. In all other situations, any type of identifying information like date of birth, social security number, and home address are removed from documents to comply with privacy laws. However, all other content presented in the document is available to the public, except for documents pertaining to estate trusts.

Trusts are used to safeguard estate assets and keep property out of probate. When trusts are established, the last will and testament is kept private except to the individuals mentioned in the documents.

Every estate has to be settled through probate court except for those that are protected by a trust. Estate settlement requires appointing personal representatives to settle the estate according to directions provided in the Will. If a person dies without writing a Will, the estate is settled in accordance with state probate law.

The last will and testament serves as the official probate form to acquire a case number. Personal representatives are required to perform certain tasks before distributing inheritance gifts to heirs. Required tasks vary based on the kind of estate planning strategies taken prior to death and directives provided in the last Will.

People frequently procrastinate about writing a Will, but lack of action can leave loved ones with a lot of unanswered questions. Wills are a vital aspect of estate planning because they provide directives as to how the estate should be settled and who should receive their assets and personal belongings.

Anytime a person dies prior to executing a last Will and testament, by law the estate has to undergo the probate process. Relatives or legal representatives are required to file a probate form and supply an original copy of the death certificate before estate settlement can begin. Individuals that agree to act as a personal representative will have to make a court appearance to obtain court confirmation to perform associated duties.

Settling probate cases without a Will typically prolongs the process by an extra month or two. Personal representatives are prohibited from selling, transferring, or giving inheritance property to beneficiaries without court authorization. In most states, estate settlement proceedings are monitored by the court which can further prolong the process.

The best way to expedite estate settlement and ensure heirs receive inheritance gifts that you want them to have is to write a Will. This document is also required when setting up trusts. Even though trusts aren\’t settled through probate court, the related documents are recorded there.

Other types of probate estate forms include: validation of inheritance transfers; receipts for recording the last will and testament; claims made against an estate; and verification of estate settlement.

Whenever situations like those mentioned above take place, it is imperative to fill out the appropriate probate form. It is recommended to seek advice from a lawyer to make certain legal protocol is followed to reduce delays and associated costs.

Simon Volkov is a California probate liquidator and real estate investor that shares an exclusive estate planning article library via his website. Acquire additional insights about estate planning, reasons to use a probate form, and ways to avoid probate by visiting www.SimonVolkov.com.

Simon Volkov is a California probate liquidator and real estate investor that shares an exclusive estate planning article library via his website. Acquire additional insights about estate planning, reasons to use a probate form, and ways to avoid probate by visiting http://www.SimonVolkov.com.

Author Bio: Simon Volkov is a California probate liquidator and real estate investor that shares an exclusive estate planning article library via his website. Acquire additional insights about estate planning, reasons to use a probate form, and ways to avoid probate by visiting www.SimonVolkov.com.

Category: Legal
Keywords: probate form,probate office,write a will,probate,estate planning,writing a will,inheritance property