What is Probate of Will and what probate actually is? Probate is the procedure for handling a probate estate. When there is a probate estate, it means that there has been some type of legal procedure taken to dispose of an individual’s property. If the probate court decides that a will has been executed properly then the court will appoint a probate attorney to handle the probate proceedings.
According to an experienced probate attorney, probate of Will, because probate is the end of a process is very difficult to understand. Probate of Will, if handled properly can make the entire probate process much easier to handle. An estate can be probate regardless if a will exists or not, according to state laws. However, estate taxes and creditors issues may come up during probate that will consume a lot of time and money, that is why it is so important that you understand the entire process before you execute a will.
In executing your will you must be very careful to get a legal document signed by a probate court judge, said probate and estate planning attorney. This initial hearing is also known as an initial hearing on the discharge of the claim. You must have a qualified attorney present when this happens so you do not have any surprises along the way. Your attorney should have prepared a Will or living trust for you and a qualified attorney will need to review the Will to ensure that it complies with every requirement and that your beneficiaries receive their inheritances. There are many requirements for executing a Will that must be fulfilled before your Will is finalized.
First you must have a Will or living trust that is completely accurate. Second, all of your assets must be recorded into the probate court records. There are certain assets that automatically pass to your heirs upon death such as: bank and retirement accounts, life insurance and retirement plans, real property, cars, motorcycles, jewelry, collectibles and the like. You should also remember to include beneficiaries. A beneficiary is anyone who will receive inheritance resources upon your death. These people can be children, a spouse, parents, or siblings.
The next step in executing a Will is to hire a probate lawyer. Although there is no official government required protocol, hiring a probate lawyer is advisable if you have never used this process before and you are unsure of how the entire legal process works. Your probate proceeding lawyer will review your Will and file all necessary paperwork and appear at the initial court proceeding to represent you.
Probate of wills is a very tedious legal process. It takes many years to complete probate court proceedings. If you have been assigned a probate lawyer, make sure that he or she has years of experience in this area of the law. A lawyer who does not have years of experience will not have the knowledge and ability to successfully complete your probate court process.