Most people when confronted with probate are not quite sure what it really is. It can be a confusing and difficult thing to understand that takes some time to understand. But with the right help and the right lawyer, it can make more than enough sense to help you through the process.
What is Probate?
Probate is the legal process that occurs after someone dies. It had numerous different parts, but the main ones are proving the will of the deceased person is valid, identifying and taking account of the deceased person’s property, paying back debts and taxes, and distributing what is left of property as indicated in the will.
How does the process of probate work?
With the process of probate it usually goes in the order of: the person named in the will or appointed by the judge will become the executioner, the executor will prove the validity of the will and show the court a list of all property, debts, assets, and who is inheriting what things, and then relatives and creditors will be officially notified of the death. That’s pretty much the entire process, but it takes a lot longer to go through than to read. The executor is in charge of managing all things assets, debts, and distributing inheritances, making it a very difficult job that can last anywhere from a few months to a year.
Does any and all property go through the probate process when someone dies?
The simple answer is no. Most states in the country allow for certain amounts of property to pass without any interception from probate. It does vary from state to state so it is important to know the laws and information about this from your state.
Who is responsible for handling all things probate?
Nine times out of ten, it will be the executor who is in charge of handling everything related to probate. If there is no executioner labeled in the will, then probate court will determine someone who is to handle the process and given the title administrator. Usually, the job and all the work that comes with it goes towards the closest relative who is capable of the tasks or the person who will inherit most of the deceased’s assets.
Should I try to plan to avoid probate?
The probate process typically does not help any beneficiaries since it always costs lots of time and money and is only ever really used if there are unusual amounts of debt that can not be paid off by just selling assets. It is good to try and avoid probate as a whole. It may be harder to do that, but if you are younger, then it is a good idea to start a plan to help avoid probate. It is also important to remember that if you are unsure of what to do, you should meet with an experienced probate lawyer to help you understand the process better.
If ever in need of professional help with probate, contact this Palmdale CA probate firm.