A Beginner's Guide To Probate

About Me
Learning About the Legal Process

Nothing is more intimidating than a courtroom governed by a judge. In addition to dealing with your fear of public speaking and scary-looking court police officers, you might also be worried about winning your case. Fortunately, you don't have to go into any legal situation by yourself. By working with an attorney, you can learn more about the legal process without sacrificing your own sanity. Because I want you to know what to say and do in court, I think you should read through my blog. This information can help you to know what to expect, so that you can take this new experience in stride.

A Beginner's Guide To Probate

18 August 2015
 Categories: , Blog

If you recently lost a loved one who owned property, then you will likely need to deal with the execution of their will and the distribution of their estate. This can be a pretty complicated process, so it's a good idea to get a general idea of how the major parts work. Here is an introduction to probate, which plays a very critical role in the process:

What is probate?

A will is actually pretty powerless after it has been signed. Simply writing a will isn't enough to guarantee that your belongings will be distributed as you see fit when you die. In order for a will to actually have legal power, it must be granted something called probate. Probate is granted by a specific legal entity known as a probate court, which will judge the validity of the will. After this point, the executor (the individual appointed to oversee the enforcement of wills and testaments) will use the will as a legal tool to distribute the estate of the deceased as is stated in the will.

Why does probate exist?

In many cases, the probate process is quite simple and painless. Most wills simply consist of giving property to children, relatives, and friends. However, problems arise when there are questions regarding the validity and authenticity of the will.

A probate court wants to check if the will was created under duress or if it was forged. However, they also want to check for more mundane and less malicious aspects, such as whether there are disagreements over the will by the inheritors, whether the will was modified via proper legal procedures, and whether the will can be executed according to various state policies. This is especially important if the will contains property in multiple states, since that will require a different set of procedures for each state in order to pass the property on.

So how does one go about the probate process?

Thankfully, there isn't a lot that you need to concern yourself with. The probate process is almost entirely handled by the executor, which is generally going to be a lawyer that your family hires to oversee the will. The executor will walk you through the process and notify you of any possible problems that might arise during probate. If everything goes well, then the process won't take very long and you will be well on your way to quickly and easily executing the will.

For professional legal help, contact a law firm such as Davis & Mathis.