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Probate
Most estates include probate assets and non-probate assets. Probate assets are those owned in your own name which require some intervention by the orphan's court to determine where the assets should go (stock or bonds, for example). Non-probate assets include:

  • Assets held in a revocable or irrevocable living trust.
  • Assets given outright to your surviving spouse or others during life.
  • Proceeds of an insurance policy where beneficiaries are named.
  • Balances of retirement plans, Individual Retirement Accounts, or Keogh accounts which are payable to designated beneficiaries.
  • Property owned jointly with "rights of survivorship" which passes directly to the co-owner (such as a house in joint tenancy). For those assets that go through probate, probate involves two procedures: First, the orphan's court determines that your will is valid and that it actually is your last will.

Second, the orphan's court oversees the process of settling your estate. A court will:

  • Supervise the actions of your executor.
  • Rule on the legitimacy of any creditors' claims against your estate.
  • Supervise the transfer of your remaining property to the beneficiaries named in your Will, or to your heirs if you die without a Will.
  • Oversee a guardian's use of any property which is left to minor children, until they reach legal age of adulthood. Court supervision of the probate process ensures your directions are carried out properly. Probate can be informal and unsupervised or formal and supervised. The probate process can take as little as six months or as long as two years or more, if for example, your Will is contested or you own property in other states. A properly drafted estate plan, which is kept up to date, will minimize probate delays and expenses, can provide for an informal, unsupervised probate, and eliminate the possibility of a contest.

Avoiding Probate
There are certain reasons you may wish to avoid probate:

  • If you desire privacy or if you own property in more than one state;
  • To provide for uninterrupted management of your assets;
  • For a certain sense of relief, knowing that everything has been taken care of prior to your death; and,
  • If you become incapacitated.

While not impossible, it may be difficult, as a practical matter, to avoid all of the probate process. However, there are ways to minimize the process. One way to do this is by using a living trust (commonly called an "inter vivos" living trust), which provides for the management of your assets during your lifetime and for their distribution upon your death. You may revoke the trust or change its terms at any time, if the trust is revocable. You may designate anyone you like - a trust company, your spouse or even yourself - as trustee of this trust.

Avoiding Probate
Acting as executor or administrator, Community Trust Company performs many tasks as financial manager of an estate. Estate Settlement services include:

  • The collection and valuation of assets.
  • The determination and payment of debts and claims.
  • The preparation of estate, inheritance, and income taxes in order to meet the demands of state and federal tax authorities.
  • The distribution of assets to beneficiaries as directed in the Will.
  • The preparation of an accurate and final accounting of the estate.

Because of the personal aspects of estate settlement, our trust company endeavors to provide support and understanding to the beneficiaries, as well as being fully qualified to carry out the broad responsibilities of executor.

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