Probate FAQ

Probate FAQ

Q. What is probate?

  • Probate is the legal process that occurs after someone passes away. It involves the validation of their will (if one exists), the identification and valuation of their assets, payment of debts and taxes, and the distribution of their remaining property to heirs or beneficiaries.

Q. When does probate become necessary?

  • Probate is typically required when someone with assets in their name passes away. The specific threshold for when probate is necessary can vary by jurisdiction. Assets held in joint tenancy, trusts, or with designated beneficiaries often avoid probate.

Q. What is the purpose of probate?

  • Probate serves several purposes, including ensuring the deceased person’s wishes are carried out as specified in their will, settling any outstanding debts and taxes, and providing a legal process for the transfer of assets to beneficiaries.

Q. How long does probate take?

  • The duration of probate varies depending on the complexity of the estate, the number of assets involved, and potential legal challenges. It can take several months to several years to complete.

Q. Do all assets go through probate?

  • No, not all assets go through probate. Assets held in joint tenancy, assets with designated beneficiaries (e.g., life insurance policies), and assets placed in trusts often bypass the probate process.

Q. What happens if there’s no will (intestate)?

  • When someone passes away without a will, their estate is distributed according to the laws of intestacy in their jurisdiction. This usually involves distributing assets to close family members, such as spouses, children, or parents.

Q. Do I need a lawyer for probate?

  • While it is possible to navigate probate without an attorney, it can be complex, especially for larger estates. Many people choose to work with an experienced probate attorney to ensure the process is handled correctly.

Q. How are creditors paid during probate?

  • During probate, an executor or personal representative identifies and notifies creditors. They must then pay off valid debts using estate assets before distributing the remaining property to beneficiaries.

Q. Can probate be avoided?

  • Yes, there are estate planning strategies that can help minimize or bypass probate, such as creating a revocable living trust, designating beneficiaries on accounts, and holding property in joint tenancy.

Q. Is probate public record?

  • Yes, probate records are generally public and can be accessed by anyone interested in the proceedings. This includes information about the deceased person’s assets, debts, and beneficiaries.

Q. What are the costs associated with probate?

  • Probate costs can include court filing fees, attorney fees, executor fees, appraisal fees, and other administrative expenses. These costs are typically paid from the estate’s assets.

Q. Can the terms of a will be contested?

  • Yes, the terms of a will can be contested in court. Common reasons for contesting a will include claims of undue influence, lack of capacity, or errors in the document’s execution.

It’s important to note that probate laws and procedures can vary significantly by jurisdiction, so it’s advisable to consult with an attorney or legal professional familiar with the laws in your specific area if you have questions or concerns about the probate process.

If you have any questions, we implore you to explore our other FAQs or contact us today to make an appointment.