Law Blog

How to Probate an Estate&Why You Need a Probate Lawyer

After your demise, your assets should be distributed to the beneficiaries named in your will under a state of law. However, a probate process is necessary, and the court process involves proofing that your will is valid and there’s an executor to administer the estate, assets, and debts.

Here is how to probate an estate

  1. Provide the death certificate to the court

Before the process starts, you must file a death certificate with the probate court. However, the person to file the death certificate might sometimes differ depending on the situation.

If a will is available, the executor listed in the will should file the death certificate and initiate the probate process; if it is unavailable, a relative or an estate probate lawyer can handle the task and start the process.

  1. Validate the will

The court will have to validate the will and ensure its authenticity. This process is known as probate. The court will verify that the document meets specific legal requirements. If the court determines that the will is legally valid, it will guide the distribution of assets according to the deceased wishes.

  1. Appoint an executor

The court will choose an executor to perform all processes during the estate. The executor is responsible for distributing possessions to beneficiaries, paying taxes and debts, and performing other tasks related to the estate.

  1. Gather assets

You must gather all the assets and valuables to ensure they are appropriately accounted for and protected during the probate process. This includes taking inventory of all assets and valuables, ensuring they are correctly valued. Gathering assets and valuables during an estate probate is vital to ensure the deceased person’s wishes.

  1. Pay debts and taxes

Paying debts and taxes are an essential part of the estate probate process because it is necessary to settle the affairs of the deceased and ensure that all debts are paid off, as well as any taxes owed. This allows time for a smooth probate process.

  1. Distribute assets

Once all debts and taxes have been paid, your executor will take charge. According to the terms of the will or as determined by the court, your executor will distribute the remaining to all beneficiaries.

Why you need a probate lawyer

There are numerous reasons why you should hire a probate attorney. Below are vital reasons why

  • Complicated estate

If the estate you are handling is complicated and involves many assets, creditors, and beneficiaries, a probate lawyer can help you navigate the legal complexities of the process.

  • Disputes among beneficiaries

If there are disputes among beneficiaries over the distribution of assets, a probate lawyer can help you negotiate and mediate these disputes to avoid litigation.

  • Legal expertise

Probate lawyers have the legal expertise to direct you through the probate process and ensure all legal requirements are met.

The bottom line

Probate can be the best approach to ensure the deceased person’s assets are distributed without disputes. However, to probate and estate, a few procedures should be followed. Above tip will help you conduct successful estate probation.

Related Posts