The notary judge is considered a judge in the civil court and a judicial officer in the state responsible for overseeing the cases presented in the notary court system.
The Role of the Judge in Real Estate Notarization Procedures
The notary judge supervises and makes decisions regarding the real estate properties of deceased individuals and living persons who are deemed incapable of managing their own properties.
How Does the Notary Judge Work?
The notary judge supervises and approves all steps of the notarization procedures after appointing an executor or personal representative.
Creditors must be informed that the deceased is no longer alive, and they should be given a time period to file legal claims for the money owed to them by the deceased. State laws specify the exact time frame. The executor or personal representative then determines the validity of these claims and pays them from the estate’s funds.
The matter may go to court if the executor or personal representative denies a creditor’s claim because they do not believe it is valid. This is likely to lead to a lawsuit as well. In such cases, the notary judge can determine whether the creditor should be paid.
The executor or personal representative distributes the remaining estate assets to beneficiaries according to the terms of the deceased’s will after paying off all debts or settling claims. The deceased’s assets will go to their legal heirs according to state law if they die without a will. Both scenarios require the final signed approval of the notary judge to close the estate.
Undisputed Property with a Will
Property is considered “undisputed” when the deceased leaves a will and there are no major disagreements. In this case, the notary judge’s role in managing the estate is usually minimal. They will review and sign orders as they are presented by the executor or the attorney that may have been appointed to assist the executor.
Judicial orders from the notary court are generally necessary to allow the estate to finalize one aspect of the process so that they can move on to the next step. Common orders include those that officially open the estate and formally appoint the executor to act on behalf of the estate. Orders are necessary to authorize the sale of estate assets if needed so that the deceased’s creditors can collect what is owed to them. Generally, closing the notarization process requires a court order to close the estate upon completion of the notarization process.
Most states have arrangements allowing certain small estates to pass the property to beneficiaries through a simplified or informal “summary” notarization process. These procedures may involve very limited judicial involvement and require very little participation from the judge. For example, these options are available for estates valued at $166,250 or less in California, provided that they do not include real property. Except for complexities, survivors do not need to appear in court to transfer these assets to beneficiaries or heirs.
Disputed Property with a Will
The notary judge will be more involved in the proceedings if the deceased left a will and there are any disputes or tensions between the executor and the beneficiaries and/or heirs at law. The judge may have to handle challenges brought by the heirs at law regarding the validity of the will.
For instance, an adult child may have the right to inherit if their parent died without a will. They may challenge the will if there is one, but they are not mentioned in it, thus receiving nothing. The judge must determine whether the omission was intentional and if the deceased intended to exclude the heir at law.
The judge will need to verify if there is another issue with the form of the will that renders it non-compliant with legal requirements. The adult child may have an older or newer will that includes them. It will be at the judge’s discretion to determine which will should be adhered to in this case.
The judge may need to…
The judge is also asked to resolve other disputes between the executor and beneficiaries. These disputes can range from perceived issues in how the executor is handling the estate – they are often complained about for taking too long – to disagreements among beneficiaries about how to deal with certain assets of the estate.
“Grounds” or reasons for challenging a will can also include:
- That another person or persons coerced the deceased into including certain provisions in the will
- That the will does not comply with state law, such as lacking sufficient witness signatures, making it invalid and unenforceable
- That the deceased was not of sound mind at the time the will was signed
Challenges to a will usually lead to full-blown litigation and a trial that must be presided over by a probate court judge.
Intestate Property
The first thing a probate judge does when the deceased is without a will is to appoint a personal representative to administer the estate through the probate process, as there is no one designated to be the executor. The personal representative performs the same functions that an executor would when there is a will, but leaves the appointment to the judge since the deceased did not express their wishes in a will.
The probate judge may be restricted by laws and rules in some states regarding whom they can appoint as a personal representative. Often, the surviving spouse has the first right to the position, with adult children being next in line if the spouse does not wish to take on or is unable to take on the responsibility for any reason.
The court will usually be able to appoint someone as a personal representative if all heirs at law agree to the appointment. The role of the probate judge in managing the estate is likely to be minimal after that point, provided that the heirs at law come to an understanding. The judge will simply sign orders as the probate process moves forward, just as they would with an estate where there is a will.
A typical step usually involves gathering the decedent’s assets. This process may involve the executor or personal representative obtaining tangible proof of the estate or merely identifying and valuing assets such as investment accounts, bank accounts, and insurance policies.
What does a probate judge earn?
Probate court judges’ salaries vary significantly by location, just like many other types of judges. Courts in large urban areas typically pay more than those in rural counties. Salaries are usually determined by counties rather than at the state level.
The average salary for all judges and attorneys nationwide was $141,080 in 2020. It should be noted that “median” is not the same as “average.” Median means that half earned more than this amount and half earned less.
What are the experience and education required to become a probate judge?
Generally, all judges must be graduates of accredited law schools, and many states require that they have passed the bar exam for their state and spent some time practicing law as well. Judges are typically appointed by the state governor or state legislature. Some are elected.
In the United States, there is usually one probate court in each county. Some very small rural counties with modest populations may transfer their probate cases to the state capital or to a larger nearby county.
Source: https://www.thebalancemoney.com/what-is-probate-judge-3505240
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