Probate is regarded as a court-backed process that must happen after a person’s death to enforce their will, supervise the sharing of assets, and more. Several individuals find themselves faced with these proceedings after the death of a loved one. Because this is always an emotionally hard time, it can be beneficial to know what to expect beforehand.
If you are asked to appear in probate court, the best thing to do is to get conversant with the probate documents you will be responsible for. Of course, this may seem difficult. However, with the help of a probate lawyer, you should do this with ease. After understanding the documents you’ll need, you’ll have to find them (if you don’t have them already).
What is Probate?
Put simply, probate is a legal procedure your estate undergoes after you pass away. During the probate proceeding, a court will begin the process of sharing your estate to the right heirs.
Probate is always simpler if you own a will and/ or Living Trust that explicitly states your wishes. These documents helps by naming your beneficiaries and an executor. An executor is the individual charged with supervising your ultimate wishes.
If you have created an estate plan, you are smart. Creating a will or living trust makes a hard life-event just a little easier for your loved ones.
It is essential to understand that your will still must undergo probate. However, it is so much easier when you have made futuristic plans. During probate, a court will first validate your will, and then authorize your executor to settle all debts and taxes and share your remaining property based on your wishes. You probably have several questions about probate, which is why it makes sense to read on.
What should you expect at Probate Court?
The probate process starts when the person (normally a spouse or adult child of the deceased) files an application with the county court and tenders the deceased individual’s will and death certificate. The court will then step in to determine the authenticity of the will and appoint the designated executor. At this point, either the executor will manage the probate process or further court proceedings will be needed. There are a lot of reasons you might have to attend probate court in the stead of a loved one.
Probate court is commonly needed if an individual dies without creating a will. In these cases, the court would step in to supervise the sharing of assets according to that state’s intestate laws (typically passing belongings to children, parents, and then siblings). Probate court can also be needed if an estate is more than a certain value or if there are a huge amount of solely owned assets.
For instance, if a deceased held a huge amount of stocks or was the sole account holder on a bank account with a huge amount of money. In these cases, probate court may be needed to supervise and approve the sharing of funds, including assets.
Probate court can also be needed if there are arguments around the authenticity of a will. If this is the case, you and other witnesses may be needed to testify in court that you did or did not observe the signing of the will. Most estate planning are designed to prevent these issues, but they can still be evident from time to time. If you are concerned about probate or want to better prepare yourself for this process, it is best you contact our probate attorney.
How do you find probate documents?
There is no standard way of locating probate documents. An estate owner may decide to keep his locked in a vault or somewhere accessible, while another may decide to keep it in the bank.
It is standard practice for estate owners to tell their spouses or lawyers the location of their probate documents. If this is the case, finding the documents shouldn’t be hard. However, if this isn’t the case, you may have to begin looking for these documents in those likely areas like the bank, the individual’s room, etc.
Do you need a Probate Lawyer?
If you need the services of a probate lawyer, don’t hesitate to contact us. We boast of the best probate lawyers for your case.
