Probate: What It Is - and How to Avoid It

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Probate is the legal process that includes filing a deceased person's will with a court, locating and gathering the assets owned at death, paying all final debts and taxes due -- and, eventually, distributing the property that remains as the will directs. If someone dies without leaving a valid will and without setting up any of the other ways to pass property discussed below, the property will be distributed according to a formula set out in state law.

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