What is Probate?
Probate is the process in which the assets of the deceased are distributed with court supervision to the beneficiaries. This can happen in both estates with or without a will. This process involves going in front of a probate court to have a will validated to give the executor the permission to take over responsibility of the deceased one’s assets. As a result, some families seek out ways to avoid probate. This both minimizes time and money that has to be spent on dealing with the courts.
How long does probate take?
Probate by law takes a minimum of 6 months. An uncontested probate however takes closer to 1-2 years while a contested probate can last several years. Its best to come to an agreement rather than taking it to court if possible.
How can someone avoid probate?
It’s best to make an estate plan that helps you avoid probate. The most common type of probate protections are revocable and irrevocable trust. These options will pass your property to your beneficiaries outside of probate.
Where does probate take place?
Probate must take place in the county where the decedent lived at the time of their death. It must also take place in every state the decedent owned real estate.
When should you hire a probate attorney?
Depending on how complex the estate is will determine if you need an attorney. If no one in the family contests the property and it’s valued at under $50,000 with no real estate, you likely will not need an attorney. If you’re dealing with a large inheritance, it’s best to at least consult an attorney to make sure you are properly probating the estate. Any type of litigation will also require the help of an attorney. Contact your local elder law attorney to find out how you can better protect what’s yours.
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One of the many benefits of being an elder law attorney is getting to work with selfless clients who act not out of their own self interest, but out of a deep concern for the people they love. That’s why I love helping families enjoy peace of mind and protect their hard-earned assets.
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