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Probate is a process in which the court decides who receives your assets when you die whether or not you have a Last Will or any other estate planning vehicle, like a living trust.
Probate is often necessary to collect debts owed to the deceased person, clear title to land or stocks and bonds, or retitle large bank or savings and loan accounts that were held in the name of the deceased person to put these assets in the names of heirs, settle a dispute between people who claim they are entitled to what the deceased person left behind or resolve any disputes about the validity of the deceased person's will.
Probate laws vary from state to state. It is important to make sure that you are educated in your state’s laws before you pass away to make sure there are no unforeseen problems for your intended beneficiaries. A probate lawyer can help you avoid the many possible tax traps and other problems that could arise during the probate process.
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