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Probate is the legal process of settling the estate of a deceased through the resolution of all claims and distribution of all his assets to the successors and heirs entitled to the same.
In community property states or jurisdictions of the US, when an individual dies without a Will or trust, the property of the deceased immediately becomes the asset of the surviving spouse without the necessity of any probate. This position is due to the recognition of married couple’s property as community property to which either or survivor is entitled.
However, in other jurisdictions which are not community property states the property of the deceased spouse does not automatically vest in the surviving spouse. Then it becomes necessary to probate the estate of the deceased in the jurisdictional court, irrespective of the existence of a Will. The probate court monitors the probate so that properties of the deceased are distributed as per directions in the Will or according to law of the jurisdiction among the heirs in the absence of a Will.
In case there is an executor named in the Will, he is responsible for marshalling and subsequent distribution of the assets after payment of taxes, duties and debts of the estate. In case no executor has been named or such designated person is unable or unwilling to act or for an intestate estate without a Will, the Court appoints an administrator to carry out the aforesaid functions.
(More http://www.jud.ct.gov/probate/faq.html )
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