Probate Forms

Written by Jared Vincenti
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Unlike most legal matters, probate requires relatively little paperwork. Since every estate is so different from any other, it is nearly impossible to come up with standardized forms for these transactions. However, the individual actions that make up the process of probate are quite standard, and follow similar forms as property transactions between the living.

Forms after Probate

Once a person's will and executor have decided on the proper distribution of possessions (with the help of the heirs and probate court, if need be), these belongings must then be legally transferred. For real estate, automobiles, and other large pieces of property, a title transfer must be filled out. This acknowledges that you are now the owner of the deceased's property.

Other paperwork needs to be filled out for transfers of stock, trusts, and other investments. These are treated in a similar manner as gifts from the living. However, estate taxes rather than gift taxes apply to inheritances in excess of certain dollar values.

In addition, property sold from an estate is treated similarly to standard property transfers. Often, possessions contained in an estate will be sold at public auction to pay off outstanding debts or taxes. These sales are themselves taxed, and are treated as normal sales in most regards. Obviously, the deceased cannot sign for transfers of his property--instead, the executor is responsible for the negotiation and completion of property transfers.


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