What is Probate?

Probate is the legal process of administering the estate of a deceased person. A person’s estate is a collection of everything they owned at the time of their passing. Probate does not end until the property of the deceased is released to their rightful beneficiaries. A person’s estate is typically itemized in their last will and testament to dictate their wishes regarding their belongings. The last will and testament will be the guiding document of the probate period. Probate can however occur without a will and the court will then decide how to distribute the assets of the estate. 

What does the probate process involve?

The probate process involves dealing with your local court office, filing paperwork or petitions. This could take a matter of weeks or even years depending on the size and value of the estate. Most states have different procedures to deal with probate. Additionally, each state typically has a method to avoid probate entirely. Bypassing the probate period is obviously beneficial to the family since they may be able to receive their inheritance in a quicker fashion.

How does the probate process go?

The last will and testament will have an executor who usually oversees the probate process. The process begins by the executor contacting the probate court. Some filings, depending on state, can be done completely electronically, but there are some that require physically appearing in court. Typically, a court proceeding is required to solve a dispute or legal challenge, or if the court needs clarification. When someone does without a will, their surviving spouse or adult children usually have priority in an open probate matter. Personal representatives of the estate, executors, can consult with family law attorneys to seek legal advice. 

Having your affairs in order is imperative to protect your loved ones and your estate. Having sound legal representation will also make sure your wishes are carried out. Probate can be a difficult process for your loved ones, but can be made easier by clearly defining your wishes.