What generally happens during the probate process?

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During the probate process, the court oversees the distribution of a deceased person's estate according to their will or, if there is no will, according to state law. One of the primary functions of probate is to ensure that the decedent's debts are settled. This means that any outstanding obligations are paid off from the estate's assets before any distributions are made to the heirs or beneficiaries.

Once all debts, taxes, and expenses related to the estate have been addressed, the remaining assets can be distributed to the heirs as per the instructions laid out in the will or in accordance with statutory guidelines if there is no will. This systematic approach helps ensure that those who are owed money are paid first, and it provides a clear legal framework for the distribution of the remaining assets, thus maintaining fairness and order in the process.

The other options, which suggest that debts are overlooked, that tax obligations are ignored, or that immediate auctioning of property occurs, do not accurately reflect the structured nature of probate proceedings and the priority given to settling debts before any distribution of assets takes place.

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