What is Probate?
Probate is the judicial process whereby a Will is “proved” in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence or real property of the deceased at time of death in the absence of a legal Will.
The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person’s property under a Will. A probate court decides the legal validity of a deceased person’s Will and grants its approval, also known as granting probate, to the executor. The probated Will then becomes a legal instrument that may be enforced by the executor in the courts if necessary. The court also officially appoints the executor (or personal representative ), generally named in the Will, as having legal power to dispose of the deceased person’s assets in the manner specified in the Will.
How Can a Probate Attorney Help?
Probate attorneys offer their services for the settlement and distribution of your assets after you have passed away. Probate attorneys can be hired in situations where you have a Will and also in situations where you haven’t decided on a Will. Deciding whether to hire a probate lawyer or not is a decision that keeps a lot of people confused.
When a loved one passes away, it is already a difficult time for the family and nobody would like to talk about assets or money in such a situation. By hiring a probate attorney, the process of distribution of assets and settlement of debts can begin quickly, allowing them a time for grieving and not have to worry about the delay in the distribution process.
Another reason to hire a probate attorney is the amount of legal expertise he/she has. When faced with such a situation, you may not be able to know exactly what the laws are regarding the estate distribution and other matters. Hiring a probate attorney can prove to be beneficial since they can offer you their expertise and make you understand the legal aspect of the whole process. They will settle the matters in such a way that no legal issues will arise later on.
Family Stays United
By using a probate attorney’s help, a lot of families can stay united at such a hard time rather than have disputes over the contents of the Will. It is rare to have a situation in which all the family members agree on the contents of the will and the way in which the assets are distributed following the death of a person. When a probate attorney is involved, the families do not see the distribution coming from a biased party and hence are more likely to accept the manner in which distribution and settlement will take place.
If there are any debts that are needed to be settled, a probate attorney can help you challenge those debts in case there is any kind of manipulation on the part of the creditor.
How can Proactive Probate Services Benefit You?
The Probate process starts when a person dies and there is no Living Trust in place.
There are legal deadlines that must be meet for your you obtain protection from court. Failure to do so will likely results in unnecessary fees and loss of your rights.
Similarly, knowing the beneficiaries’ situation and their aspiration, the astute attorney can identify problem areas before they even manifest themselves.
Do you Even Need a Proactive Probate Services?
Not every case requires Proactive Probate Service. If your situation as a beneficiary is simple, it could be that it would not require such services, let alone even a representation of an attorney.
However, if several beneficiaries are involved, sizable property, and/or a complex Will, you may want to seriously consider our Proactive Probate Services in order to save money, agony, and future disputes.
How to find out?
We offer a free assessment of your situation. The outcome can be one of one of several:
- You have a
simplecase. No need to hire us or another attorney (unless you opt to).
- You have a very complex case. If we feel that you are better off with another firm which specializes in such complex cases, we will be happy to refer you to them.
- Your situation is in between: not so simple, yet not overly complex. We will be happy to advise you of pitfalls along the way and if you wish – help you avoid them through our services.
Call or Schedule a Free Assessment
It takes 15 minutes or less for an experienced attorney to tell you to which group you belong.
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Give yourself and your family the certainty and peace of mind you deserve!