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What is Probate?

 

  • Probate is an expensive system for transferring property from dead people to live people.
  • Most property is transferred by taking a piece of paper and writing your name. If the owner dies, the owner can no longer transfer the property, especially the owner's home. 
  • When a homeowner is unable to transfer the home, the Probate System kicks in. Since the owner of the home is no longer around to sign his or her name, somebody has to be found to sign for the owner.
  • In the Probate system, the court takes the property and takes the will, and puts it in front of a judge. The system recommends that you hire an attorney (most times), and then makes you jump through a lot of hoops and obstacles. After a one or two year or longer process, the judge bangs his gavel and signs his name to the piece of paper.
  • The judge's signature transfers the home to the person who the court says should get the home. This may or may not reflect your wishes. 

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