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Legal Definitions - Probate - State statutes

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Definition of Probate - State statutes

Probate is the legal process of administering the estate of a deceased person. This process involves identifying and gathering the assets of the deceased person, paying off any debts or taxes owed, and distributing the remaining assets to the beneficiaries or heirs of the estate. Each state has its own set of laws and procedures for probate, which are outlined in their respective state statutes.

  • In California, probate is governed by Title 15 of the state statutes.
  • In New York, probate is governed by the Estates, Powers & Trusts law.
  • In Texas, probate is governed by the state's probate code.

These examples illustrate how each state has its own specific laws and regulations for probate. It is important to consult the relevant state statutes when dealing with the probate process in order to ensure that all legal requirements are met.

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Simple Definition

Probate is the legal process of handling a person's assets and debts after they die. Each state has its own set of laws, called statutes, that govern how probate works. These laws outline the steps that must be taken to distribute the deceased person's property and pay off their debts. The statutes also provide guidance on how to handle any disputes that may arise during the probate process. It's important to follow the state's probate laws carefully to ensure that the deceased person's wishes are carried out and that their property is distributed fairly.

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