What is Probate?:
Carrying out the wishes indicated in an individual’s will is never an easy process. Upon the death of an individual, the assets contained in their estate are distributed as determined by their will, that is, of course, if a will is present. If the decedent has not drawn up a legal will, then determining his or her beneficiaries can become much more problematic. This entire process is referred to as probate and, as mentioned it can become quite complex without the presence of a proper will. For this reason estate planning has become all the more important.
While it is not necessary to go through the process of estate planning if you wish to create a will, as it can be done independently, going through the process can make the probate process much easier on your family and probate attorney, if your family wishes to hire one. In conjunction with estate planning, probate can be made quite simple. With the aid of a well planned estate, any debts or taxes can be clearly accounted for and all beneficiaries can receive what they are entitled to in much less time and with much less hassle.
The probate process can be a rather lengthy and costly process though, particularly if no will is present. Any minor problem can lead to delays and possibly cost you additional money, especially if this minor setback develops into a huge hold up of the court proceedings. Court proceedings are generally a necessary occurrence also, as any family member can object to the will if they are not pleased with the validity of the document. There are a number of reasons that objections occur, some of which include:
- Knowledge of another existing will that was written at a more recent date. In which case the newer will replaces the older.
- The will was simply forged and therefore not valid.
- The will was written at a time when a family member feels that the decedent was not mentally capable of writing a will.
- Some other reason that would challenge the validity of the will appears.
Any of these objections will unquestionably result in unwanted obstructions to the probate process and as such they demonstrate the vulnerability and intricacy of probate. This undue stress can be very difficult for a family to handle, especially after the loss of a loved one. For this reason it is wise to hire a lawyer who has experience with the probate process. Trying to represent yourself or your family can be very difficult, not just in terms of the legalities involved but also on an emotional level. If you choose to represent yourself you must attain knowledge of the probate process as well as learn a little about proper court protocol. Otherwise you may find yourself in quite a bind.
Of course, the convolution of the probate process increases with the size of your estate. If you have a large estate it is in your best interest to hire an experienced attorney who can properly manage court affairs and help validate and execute the will such that the outlined beneficiaries receive what they are entitled to in a fair and efficient manner. In any case, an attorney can make matters easier on you and your family and while hiring a probate lawyer is not necessary, it is highly advised.
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