3 Things That Everyone Should Know About Probate

Probate is one area of law that a significant percentage of ordinary people will come into contact with, so it makes sense that they should know what it is and how it could affect them and their loved ones. On the face of it, probate can be a complex area of the law, and yet by gaining an understanding of its basic principles the public can gain much more confidence when they are faced with probate issues. This can be especially important as this may also be a time of loss and grieving for the individual, so here are three things that everyone should know about probate.

1. What Is Probate?

Put simply, probate is a legal process that passes on an estate and property after death via a court proceeding. Some wills can be simple and uncontested documents, where a deceased person’s goods are distributed without any difficulty or the need for any further legal undertaking, but that isn’t always the case. It may be that the deceased has died intestate, without a will, or that the will is challenging, complex or contested, or that there is a challenge as to whether the will was the final testament of the deceased or that they were in a position to be able to make the will. These complications have to be settled finally in a court of law before the estate can be administered, and this is where probate becomes necessary.

2. How To Avoid Probate After Your Death

Understandably you want your loved ones to be well provided for in the event of your death, and so you may be worried that the probate process will dramatically slow down the sharing of your property, or even prevent it from being passed to the ones closest to you. Probate law can vary from state to state, but in Florida, for example, many kinds of property are exempt from the probate process and are instead known as ‘will substitutes’. This means they pass automatically at the time of your death to your next of kin as defined in law. These commonly include life and insurance and annuities and ‘pay on death’ accounts, but there are other things that may be administered without probate. It should also be noted that estate debts will also have to be taken into consideration.

3. It Makes Sense To Seek Expert Help

As we’ve seen, the concept of probate is simple, but the legal process can be far from it. Contested wills and probate hearings will not only slow down the administering of an estate, but they can also cause bad blood within families at a time that can already be stressful. These are the reasons that it makes sense to talk to an expert on probate law such as Pankauski Hauser to get your estate in order. They can help you navigate the legal terminology and through the use of living trusts and other legal devices they can help ensure that your property finds its way to the one you intend it to.

Nobody likes to think of their own death, but neither do we want to think of our loved ones struggling when we intended them to be well looked after. Probate lawyers can help ensure that your desires are heard and enacted, avoiding delay and reducing stress.