Sometimes estate settlement is one of the hardest aspects of dealing with the death of a family member. This doesn't have to be the case if proper preparation of all estate documents took place prior to the death. If you have the services of an experienced estate lawyer at your disposal, there can be even less worry and strife.
What is Probate?
Probate: the official proving of a will. The probate process is intended to establish the legal validity of a will but it involves so much more than merely confirming that the signed, witnessed, and registered copy of a will is authentic.
The Probate Process
In addition to proving in a court of law that the deceased individual's will is valid, probate also declares the probate process also involves:
- Identifying and inventorying the deceased's personal and real property
- Having the property appraised
- Paying debts and taxes
- Distributing the remaining property as the will (or if there is no will, then state law) directs
What Happens When There is No Will?
When someone dies without leaving a dated, signed and properly witnessed will, the court decides who should receive the deceased's assets. It won't matter what your familial relationships were really like; the state will award property and cash to the survivors based solely on their legal relationship to the deceased. This is called dying "intestate". Generally, only spouses, common-law spouses, and blood relatives inherit under intestate succession laws.
All this can be avoided if you take care of things ahead of time. When you leave documents that clearly state who you wish to get your property and cash after you die, you better support your survivors in coming to terms with your death without leaving them with a lot of unnecessary distress.
Hiring an Attorney
Losing a loved one can be an overwhelming experience and when you add in estate settlement issues, the months following the death can be much more than we bargained for. That's when it might be advantageous to hire an attorney.
When faced with this situation, it's best to turn to the experts in estate settlement.
