What is Probate?
Probate is a term that describes a legal process. This process is what takes place after someone dies. It can include proving the validity of the deceased’s will. It can also include inventorying and identifying the property of the deceased and can involve property appraisal. Finally, the probate process includes paying the debts and taxes of the deceased and the distribution of the remaining property or assets based upon the deceased’s will. If no will is present, the state determines where the deceased’s assets will go.
How a Probate Attorney Can Make The Process Easier:
The simple fact that the probate process begins after a death makes it a difficult situation. In addition to this fact, it can also be a convoluted and lengthy process. Thankfully, by hiring a probate attorney like Sam Walker at the Law Office of Samuel Walker, the process becomes much easier to endure. A probate attorney makes the process go faster and can avoid certain difficulties altogether.
Can Probate Be Avoided?
Yes. Not all property has to go through probate. Many states allow a certain amount of property to forgo the probate process altogether. For example, if the deceased resided in California, up to $100,000 worth of property can be passed on to beneficiaries without having to go through the probate process. In addition, if the deceased had a living trust or joint tenancy, their property isn’t subject to probate. There are other legal ways to avoid probate as well.
Benefits of Probate:
Although the probate process can seem arduous, there are some advantages of the process. The following are some of the reasons a person might benefit from probate:
- Beneficiaries and heirs are protected by the court.
- There is an orderly transfer of assets. This is all completed in an open manner and must be approved by the court.
- Any disputes or questions regarding the distribution of assets are settled under court supervision.
- Creditor’s claims are only allowed for a limited time when an estate goes through probate.
The advantages listed above show that even though the process of probate might take time, it can be a good way to finalize an estate. This is especially true if heirs or beneficiaries fight over their inheritance. The process of probating the estate ensures the deceased’s wishes are fulfilled and everyone acquires what they were supposed to receive without fuss. Call the Law Office of Samuel Walker today to learn more about probate and its benefits from Long Beach Probate Attorney Sam Walker.