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May 09, 2008

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Estate Planning News

Bernalillo County's Probate Court Becomes More User Friendly

Bernalillo County has just made it easier to find out if your loved one’s estate has been processed by the probate court. Case docket information can now be accessed within seconds on the Internet by logging on to www.bernco.gov/probate_judge and clicking on the Case Lookup link. The feature allows the public access to docket information on all cases filed between 1978 and2007.

“This is the first time in the history of our probate court that the public has had access to our case docket online. We are the only probate court in the state to offer this service,” says Bernalillo County Probate Judge Merri Rudd. “People type in a name and can find out if a case has been filed for that person in our court. Or they can do more general research to learn which probate cases were filed in the month of August, for example. The data available on the web currently covers cases filed from 1978 to present. We plan to go back to 1950 at least, which will be significantly farther back than any other court in the state.”

Judge Rudd says the new feature is important for many reasons. She says family members can track the progress of cases of loved ones or, in the case of estranged family members, find out if a case has been filed. Creditors can check and see if a decedent's estate has been opened so they can file a claim (her office receives dozens of such calls daily). Genealogists can research family histories, searching for records of deceased family members; and title companies can research cases prior to coming in to obtain documents.

For the rest of this article please visit www.bernco.gov.

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Did You Know?

A Will, is sometimes called a "Last Will and Testament"
Used to transfer property you hold in your name to the person(s) and/or organization(s) you want to have it. A Will also typically names someone you select to be your Personal Representative (or "Executor") to carry out your instructions and names a Guardian if you have minor children. A Will only becomes effective upon your death, and after it is admitted to probate.

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Estate Planning Terms

Today's Terms

Trust

Definition:
A long recognized legal concept (first used in ancient Greece during the times of Socrates and Plato) in which some or all property of a Trust Creator is held on behalf of a beneficiary (which may include the trust creator) in the name of the Trustee.

Probate

Definition:
The process through which the legal title to property is transferred from a decedent to the beneficiaries. If a person dies with a will (testate), the probate court determines if the will is valid, hears any objections to the will, orders that creditors be paid and supervises the process to assure that property is distributed by the Personal Representative or Executor according to the terms of the will. If a person dies without a will (intestate) the probate court appoints an Administrator who receives all claims, pays creditors, and then distributes all property according to the laws of the state.

Devise

Definition:
A gift made by a will or a trust. A devise is made to a beneficiary under the terms of the will or trust.

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Estate Planning Hot Topics

Topics Related to Estate Planning:

Trusts
Wills
Uniform Probate Code
Gift Tax

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