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The probate process erisures the following EXCEPT:

a. Court scrutiny of the executor's actions
b. No contesting of the will by any beneficiaries or potential beneficiaries
c. Payment of debts, taxes, etc. from the estate
d. Bequests to beneficiaries according to the terms of the will

1 Answer

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Final answer:

The probate process includes court scrutiny, payment of estate obligations, and distribution of assets as per the will but does not prevent the will from being contested. Trusts, in contrast, allow for a private asset transfer. Dying intestate means state laws determine the distribution of assets.

Step-by-step explanation:

The probate process involves court oversight and includes several steps, but it does not guarantee that a will cannot be contested. Specifically, the probate process ensures court scrutiny of the executor's actions (a), payment of debts, taxes, and other obligations from the estate (c), and the distribution of bequests to beneficiaries according to the terms of the will (d). However, it does not ensure that there will be no contesting of the will by any beneficiaries or potential beneficiaries (b). On the contrary, because the execution of a will is a public process, the validity of wills can be easily challenged in court, which is a common occurrence during the probate process.

Trusts differ in this aspect as they are designed to transfer assets privately, outside of probate court, thus avoiding the public challenge process typically associated with wills. Without a will or trust, a person is said to have died intestate, leaving the distribution of assets to be governed by state intestacy laws, which predetermine the heirs and their share in a hierarchical order.

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