PROBATE

Many of us never think about estate planning until a loved one dies and we are forced to handle the affairs that they leave behind.

When someone dies there are many issues that must be considered, and depending on the plan that they had, or did not have, resolving those issues may be simple or quite complex.

Put simply, probate is the process of wrapping up the business, and carrying out the wishes of a person who has died. A probate can look very different depending on whether a person has an estate plan or not. With a good plan in place, a probate may be as simple as filing a copy of the Will with the court and being on your way. Without an estate plan, a probate may require many trips to the court to obtain a Judge’s permission for every step along the way.

If a person dies with an estate plan, the Court will work to ensure that the deceased person’s specific wishes are carried out as far as the law allows. If a person dies without an estate plan the Court will work to protect the interests of the deceased person’s spouse, family, heirs, beneficiaries and creditors. 

Everyone leaves a different situation behind, and as a result, every probate looks a little different. The best method to ensure that everything is taken care of efficiently, legally, and with as little unnecessary cost as possible is to speak with an experienced Probate attorney.