Richard E. Fowlks, Attorney at Law

Probate serves a variety of purposes

The probate process is one that is often misunderstood. You might think that if your loved one had a will, you won't have to go through probate; however, this may not be the case. The probate process serves a few purposes. One of these is that the will is filed with the court and proven. During this process, the witness of the signing of the will provides testimony or an affidavit that notes the person was of sound mind and understood the implications of the will at the time of the signing.

For some people who are going through the probate process, handling debts is necessary. The creditors of the decedent can make a claim against the estate. These are taken care of in a specific order. If assets remain after the debts are paid, the remaining portion of the estate is passed out in accordance with the estate plan. If there isn't enough to cover the debts, the heirs don't have to pay the difference. Instead, the creditors will absorb those costs.

Another aspect of probate involves passing along the titles to assets to the appropriate heir. This is only possible if they were only titled in the name of the person who passed away. This enables the individuals who receive these assets to have free use of them.

The probate process can sometimes get rather complex, especially if the estate is large. Having some assistance with probate and all it entails might help you ensure that you are handling all matters necessary so that you don't waste any time or money during the process.

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Richard E. Fowlks, Attorney at Law
1607 N.E. 41st Avenue
Portland, OR 97232

Toll Free: 888-779-8837
Phone: 503-505-7941
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