Probate courts were created to help individuals and their families with the management of all property and affairs in the event of a death.
There is no uniform process to follow, everyone’s situation will vary but below are some of the reasons a probate court may have to be involved:
- If the decedent did not have a trust
- If there are complications establishing the rightful heirs
- If property and assets were not equally distributed amongst the beneficiaries
- Invalid wills
- In the event there are minors with guardians not named
When you or a loved pass away it can mean a time in which last thing you need is to think about property or finalizing affairs. If you are the executor of an estate, it is important for you to engage a qualified professional with experience to help you avoid common problems. Experience is key and whether you trust our office or another with your needs, it is vital to get help. You will be glad you did.
Probating an estate is the legal process of transferring property upon a person’s death to other person(s) whom may have a legitimate interest in such property.
Probate with or without a Will
Whether a Will is in place or not will impact how much involvement will be needed from a probate court. If a Last Will and Testament is present, the court will review the will and follow the directions within. If no Will is present the inheritance will be distributed per state laws to the heirs of the decreased. The probate process is overseen by a designated executor, if a will is in place, or by selection through legal precedence if none exists. This individual will oversee the distribution of the estate.
The process can be lengthy taking at least six months before the estate can be divided and will require probate accounting. Ms. Patel has experience in all areas of probate and how to even avoid probate.