Probate Support

Helping more families secure their legacies.

We’ve acquired EZ-Probate to further enhance the estate planning experience.

Expanding into probate to better serve our members, advisors, and partners.

We’re excited to announce our acquisition of EZ-Probate, the nation’s leading digital probate settlement provider. This acquisition will provide a more comprehensive estate planning experience for families by adding estate settlement and probate assistance benefits to the holistic portfolio of estate planning documents.

This is Trust & Will’s first acquisition to support its mission to help every family leave their legacy, accelerating its increased focus on digital asset and estate management and wealth distribution.

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WHAT IS PROBATE?

Probate is the legal, court-supervised proceeding that proves a Will and names an Executor so an estate can be settled. 

The court-supervised process known as probate is the first step that needs to be taken to settle an estate after someone passes away. During probate, the courts will validate a Will and appoint an Executor (who’s likely named in the Will or other estate planning documents). 

The Executor of an estate is charged with overseeing the settling of the estate’s property and assets. The primary role of an Executor is to first collect all assets and liabilities, then pay off outstanding debts and finally distribute any left over assets to beneficiaries who are named in the Will. 

In the event that there is no Will, an estate will still go through probate. In this case, as there won’t be any direction from the deceased estate owner, the courts will select the Executor who will oversee the settling of the estate. With no guidance from a Will, assets will be distributed per local state intestate succession laws that are specific to where the estate is located. 

Need help filing probate in your state? Schedule a free consultation call to get your questions answered.

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PROBATE ASSETS 

Types of Assets Subject to Probate 

Not all assets will go through probate. Certain types of property - such as Trust assets, IRAs, 401(k)s, life insurance policies with named beneficiaries, and more - can avoid probate proceedings. But if an estate has any of the following, probate will almost always be necessary.

  • Real estate solely owned in the deceased’s name

  • Vehicles, boats or airplanes titled solely in the deceased’s name

  • Bank accounts

  • Stocks 

  • Bonds

  • Investment accounts

  • Business interests

  • Other personal property and household items

  • And more...

PROBATE COURT 

What You Can Expect in Probate Court

Probate court isn’t complicated, but it is a very detailed process, which is why we’re here to help you, every step of the way. While the specifics can slightly vary from state to state, the general process is as follows: 

  • An estate owner passes away

  • The Executor who was named in their Will (or, if they died without a Will, the Executor who’s appointed by the courts) files the necessary paperwork in the local probate court 

  • The Executor presents the Will and a list of assets, debts and beneficiaries to the court 

  • The court validates the Will, and all creditors, relatives and beneficiaries are then notified

  • Debts are paid and remaining assets are distributed appropriately  

Still have questions about probate? Schedule a free consultation for more information.

Schedule a free consultation
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