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I n h e r i t a n c e P l a n n i n g :
The Probate Process
b y D r E d g a r P a l t z e r
2
THE PROBATE
PROCESS
INHERITANCE PLANNING:
Probate is a legal process during which a deceased person’s assets are
divided among their beneficiaries and heirs, according to their will and
the relevant country or jurisdiction’s laws. If the decedent left a will,
this is reviewed by a probate court as part of the process.
In some jurisdictions the court
will appoint an executioner for the
deceased person’s estate and in
other jurisdictions the court will
issue a certificate of inheritance to
the heirs. The executor or the heirs
jointly, as the case may be, are
responsible for dividing the estate
among the individuals named in
the will, as well as any creditors.
Any disputes that arise are resol-
ved through the probate court.
What Happens if
There is No Will in
Place?
Where no will exists – or the will
is invalid – the deceased person
is said to have died intestate. In
these cases, the heirs are identi-
fied pursuant to the applicable
inheritance law. In some jurisdic-
3
Where no will exists – or the will is
invalid – the deceased person is said
to have died intestate. In these cases,
the heirs are identified pursuant to
the applicable inheritance law.
tions a probate court will appoint
an estate administrator and in other
jurisdictions the statutory heirs take
responsibility for dividing the assets
according to the relevant country or
jurisdiction laws.
What Is the Difference
Between a Beneficiary
and an Heir?
Beneficiaries are individuals named
in a will, whereas heirs are people
who are entitled to receive the de-
ceased person’s property via intestate
succession (a set of rules that govern in-
heritance matters in the case of no will
being left), such as a surviving spouse
or child.
For more information
about this topic, visit the
blog of Edgar Paltzer.

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Inheritance Planning: The Probate Process

  • 1. I n h e r i t a n c e P l a n n i n g : The Probate Process b y D r E d g a r P a l t z e r
  • 2. 2 THE PROBATE PROCESS INHERITANCE PLANNING: Probate is a legal process during which a deceased person’s assets are divided among their beneficiaries and heirs, according to their will and the relevant country or jurisdiction’s laws. If the decedent left a will, this is reviewed by a probate court as part of the process. In some jurisdictions the court will appoint an executioner for the deceased person’s estate and in other jurisdictions the court will issue a certificate of inheritance to the heirs. The executor or the heirs jointly, as the case may be, are responsible for dividing the estate among the individuals named in the will, as well as any creditors. Any disputes that arise are resol- ved through the probate court. What Happens if There is No Will in Place? Where no will exists – or the will is invalid – the deceased person is said to have died intestate. In these cases, the heirs are identi- fied pursuant to the applicable inheritance law. In some jurisdic-
  • 3. 3 Where no will exists – or the will is invalid – the deceased person is said to have died intestate. In these cases, the heirs are identified pursuant to the applicable inheritance law. tions a probate court will appoint an estate administrator and in other jurisdictions the statutory heirs take responsibility for dividing the assets according to the relevant country or jurisdiction laws. What Is the Difference Between a Beneficiary and an Heir? Beneficiaries are individuals named in a will, whereas heirs are people who are entitled to receive the de- ceased person’s property via intestate succession (a set of rules that govern in- heritance matters in the case of no will being left), such as a surviving spouse or child.
  • 4. For more information about this topic, visit the blog of Edgar Paltzer.