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October 22, 2021
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Law

Probate 101: Check important details here!

Losing a loved one can be hard to deal with. During these trying circumstances, the last thing you would want is to navigate through probate courts. If the person died without a will, understanding property distribution laws could be complicated. For the uninitiated, probate is a court-supervised proceeding meant to execute a will. In the absence of a will or valid documentation, the court will decide how the assets and properties are distributed, which is obviously more complicated. Working with the right legal team, such as weisingerlawfirm.com, can be extremely useful in getting confidential advice. Here’s more on the probate process and why you need an attorney. 

How does it work?

In simple words, probate is the process of validating and executing the deceased’s will. Circumstances surrounding probate are often complicated, and there is an incredible amount of paperwork involved. If there are many beneficiaries, issues related to the genuineness or validity of the will, or unexpected creditors, the process can take longer. More often than not, disputes within the immediate family can delay the probate process. 

Are all assets subject to the probate process?

No. After someone’s unfortunate death, the assets must be distributed among heirs or those mentioned in the will. However, not all assets are included in the probate process, and these are called non-probate assets. Assets that are a part of probate are the ones that are solely owned by the decedent, such as vehicles, personal belongings, properties, other real estate investments, and investments. Others are not included in probate. For example, if the deceased had life insurance, only the beneficiary would get the money. For assets and investments that have a beneficiary agreement, there is no probate. 

Why do you need a probate lawyer?

Probate, as we mentioned, is a complicated process. If your loved one had an estate plan, you don’t have to run after the court to get what’s legally yours. However, when the will is contested, or there are other parties involved, things can be hard. A probate attorney can explain what you can claim and your rights according to the deceased’s will. They can also ensure that you don’t make unwanted mistakes that can further delay the probate process. 

Most law firms now have websites, so it doesn’t take long to find a probate lawyer. Do not delay in seeking legal advice, especially when the deceased did not have a will. 

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