What Does a Beneficiary Do in Probate?


Today I wanted to talk to you about what a
beneficiary does during probate. The first issue to address is what is probate? Probate is the formal, court supervised process
whereby a person’s will is validated and supervised to make sure it’s compliant with. Next what’s a beneficiary? Well a beneficiary is a person or entity designated
in the will to receive money or other assets from the decedents estate. So what does a beneficiary do during the probate
process? Well a beneficiary does not have an affirmative
duty to do anything during the probate process. The actual responsibility of moving a probate
forward actually falls upon the personal representative. However a beneficiary should do some things
and has rights to other things. For example a beneficiary should stay up to
date with the probate process. When you receive something in the mail you
should open it review it make sure you are aware of what’s happening in the probate
process. You also have certain rights. For example as a beneficiary you have a right
to receive a copy of the will. You have a right to receive an inventory of
all of the assets within the estate. You have a right to know how much debt the
estate has. You have a right to know how the estate is
planning to pay for that debt. You have a right to receive a copy of the
estate’s 706 tax return showing you specifically all the things that are reported to the IRS. And you have the right to request ongoing
information from the personal representative throughout the course of the probate. These are requirements that the personal representative
has in their role. Often times during a probate process litigation
can occur. At Bloodworth Law we represent beneficiaries
and personal representative in probate litigation. So again my name is Reed Bloodworth. If you have a question about probate litigation
give me a call. Let’s talk about what happened to you.

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