The loss of a loved one brings grief and often many changes to family structures and routines. These matters are difficult to deal with on their own, outside of any financial or other issues that might be at hand. Unfortunately, if the deceased didn’t handle estate planning as they should have, it can make their death all the more difficult for their loved ones. If you are in this position, you need to know that skilled and compassionate probate attorneys near you can help.
In short, probate is a required legal procedure that a deceased person’s estate must go through. Probate is how the courts distribute an estate to its proper heirs. The probate process is much quicker and easier if the decedent has a will or living trust that clearly details their wishes. Usually, these documents will name an executor who is in charge of overseeing the person’s final wishes and beneficiaries who stand to receive property from the estate upon that person’s death.
During the probate process, the court will authenticate the will and approve the named executor. If there is no named executor, the court will appoint one. Next, all property and belongings within the estate must be located and valued. Taxes and debts are then paid, and anything remaining in the estate can be distributed to the heirs.
Even simple probate cases can take six months to a year. There are also many costs associated with probate. Probate attorneys near you can help ensure that everything necessary is done to decrease the time and expense the process takes.
Not every asset has to go through the probate process. Some have legal protections that direct where they should go without oversight from the probate court.
Assets that must go through the probate process include:
Assets that can bypass the probate process include:
Probate is a confusing process governed by complex laws and often strict and uncompassionate courts. If you recently lost a loved one, it’s essential to find the right probate attorneys near you who can help you understand how the process works and make it as simple as possible for you. At Kryszak Law, we understand all of the complexities and emotions that come with losing a loved one and trying to settle their estate. We are here for you and your family, no matter what the situation might be. Our experienced attorneys can also help with estate planning if you want to keep your estate out of probate court upon your death.
Contact us online today or call us at 440-934-5330 to schedule your appointment with probate attorneys near you at Kryszak Law.