Currently Browsing: Probate

Basic Information on the Probate Process

The future is unpredictable. It’s impossible to account for complications that may happen, so it’s important for people to be well-prepared for anything. One unavoidable fact involved in this preparation process is planning one’s estate. By drafting a will and making appropriate arrangements for specific affairs, you will be able to ensure that your loved ones remain well-taken care should the worst happen.

There are several steps in ensuring the probate process and the administration of one’s estate can go as smoothly as possible. Probate law is quite different from other areas of law, such as personal injury or bankruptcy, and these steps can easily become complicated by a number of different factors. If there a number of heirs involved in the process, certain disputes are sure to arise regarding the validity of the will or trust in question. To avoid these problems, it’s essential that you are able to cover all the most crucial points at the very start of the process.

Drafting a will and deciding how your assets and properties should be arranged after death undoubtedly involves many considerations. One of the most important decisions you’ll need to make is deciding on an executor. This is the person who will be responsible for handling your affairs and making sure every delineated in your will is properly seen through. The executor you choose should be a trustworthy individual who will be able to remain neutral and follow through on your decisions, even when disputes within heirs and other family members arise. Likewise the executor will also ensure that the probate process is properly set into motion by filing your will to a probate court.

With the executor having started the process, the court will decide on the validity of the will and formally appoint your named executor as the official administrator of your estate. At this stage, the process will then require the executor’s decisions to make necessary arrangements regarding your estate. If you have debts left behind, the executor will have to pay off the remaining balance. In some cases, this might require him or her to sell certain assets and properties to cover the debt that still needs to be paid. Once that is over, the executor can begin distributing what remains of your estate to the heirs named in your will.