Probate is a legal process that involves the validation and administration of the assets of a deceased person and the determination of beneficiaries. It ensures a seamless estate distribution to the deceased’s legal beneficiaries.
Discussing probate may be the last thing you might want to do during an emotionally overwhelming situation, like a death in the family. Luckily, you don’t have to do it all alone. You can consult with a respected probate lawyer to help you navigate through the process quickly and efficiently.
How Does Probate Work?
As discussed, probate encompasses the analysis and transfer regulation of estate assets that the deceased person previously owned. Thus, when a property owner dies, their valuable assets are reviewed by the court, which provides the final verdict on the splitting and issuance of the assets to its beneficiaries. The process typically begins with the investigation of a will — whether the deceased person has provided a legal will or not.
In most cases, individuals take the assistance of their lawyer to establish documentation containing instructions on how their assets should be allotted after their death. However, in other cases, the deceased does not leave a will. Here’s how the proceeding occurs in both situations.
Probate with a Will
Probate Without a Will
Where an individual dies without a will, their property comes to be known as an intestate estate. The probate proceedings for an intestate property encompass the distribution of the decedent’s assets according to state laws. However, probate will not be necessary if a deceased person has no estate property.
Typically, an intestate proceeding begins with appointing an administrator who oversees the deceased’s estate. The administrator locates any legal heirs of the deceased, including surviving spouses, children, and parents. And the intestate succession statute determines how to apportion the assets amongst its legal heirs.
One of the ideal ways to ensure hassle-free allotment of your assets to your loved ones is by hiring a well-experienced probate lawyer. Their extensive experience in the industry will ensure you reliable services and seamless estate distribution post your demise.