Mark Glendon

What is the Probate Journey?

The probate journey is a process that occurs after a person passes. It's court-supervised and revolves around validating a deceased person's will. This process isn't always as cut-and-dry as TV shows and movies lead many to believe.

In reality, it can be a lengthy ordeal, depending on the size of an estate. Whether you're a beneficiary or are in the process of creating your will to plan for the future, it's important to know what occurs during the probate process.

What is the Probate Process?

Probate is about processing a person's will. The goal is to identify the deceased person's assets, pay their final debts and distribute property to the proper heirs.

When creating a will, you must name an executor. The executor is the person in charge of overseeing probate, and they have 30 days after the will owner dies to file documents with the probate court and begin the process.

From there, court proceedings will occur to understand the will's stipulations. The probate court first determines if the will is valid by looking for self-proving affidavits. These documents are usually enough to begin probate.

If you have a well-written will, this process can be relatively straightforward. However, large estates may require multiple court proceedings to execute the will.

It all depends on the will and the amount of assets to distribute. Probate isn't always necessary. Many state laws have a threshold. If the property's value is below that threshold, heirs don't have to go through probate. The same goes for certain accounts, such as 401(K) plans and IRAs with listed beneficiaries.

What is the Probate Process for Those Without a Will?

Things get infinitely more complex if the deceased person doesn't have a will. That's why it's important to create a will early to avoid headaches after you pass. In these cases, the descendants are "intestate."

The process can differ depending on the state's intestate succession laws. These laws dictate where inheritances go based on family relationships. However, court proceedings may still occur, and the process can take much longer if there are disputes.

Author Resource:-

Mark writes often about estate planning. His articles may include topics like real estate closing attorney and business succession laws to help the people in needs. You can find his thoughts at probate administration blog.