What is the Purpose of a Probate?
No matter your age or circumstances, probate is an important process to understand. It determines how your estate is transferred after your passing and can be an arduous process for your beneficiaries, lasting up to 18 months or even longer if the proceedings are contested.
Many people choose to avoid the added cost of probate by creating specific types of trusts before they pass, but in many cases it is unavoidable. Oftentimes, the probate process can be filled with twists and turns, especially if one beneficiary takes issue with their share and files a claim. So, what exactly is probate, and do you really need an attorney? Let’s find out.
What Exactly is Probate?
To put it simply, probate is the legal process that dictates the transfer of someone’s property after they die. It involves several steps, including:
Proving the validity of the deceased person’s will in court
Taking an inventory of the deceased person’s property and having the property appraised
Paying off the debts and taxes of the deceased
Distributing the remaining property as directed by the will or by state law if there is no will
The probate process falls on the shoulders of the person deemed the executor of the will. In the event that there is no will, your state’s laws of intestacy will appoint a beneficiary. Probate proceedings can take between 6 and 12 months to complete; but, sometimes even longer if any issues arise. The probate process involves lots of paperwork and court appearances, but the process is much easier with the help of legal representation.
The Purpose of Probate
The purpose of probate is to legally transfer someone’s estate after they die. It may seem simple, but this process involves gathering and identifying all of the person’s assets and paying off any of their debts, which can take a significant amount of time and effort. Probate is not always necessary, so speaking with an attorney before entering the probate process can help you to determine whether or not it’s needed in your case.
While the idea of avoiding additional legal fees may seem enticing, it’s always a good idea to seek out the help of an experienced probate attorney regardless of whether or not you think you need a probate. With the support and guidance of legal representation, you could avoid any issues that may arise and ensure that your rights are protected.
Top Probate Attorneys in Arizona
At a time that is already emotional, the probate process can feel like an overwhelming burden. At Rilus Law, our skilled probate attorneys will help guide you through the process and ensure that your duties are fulfilled. The probate process is not always smooth sailing, so our job is to shoulder the burden and make it as easy on you as possible.
Let us worry about the legalities, so you can focus on healing and moving forward. Rilus Law is one of the top probate law firms serving clients in Arizona and California. Contact us today to schedule a free consultation with one of our skilled probate attorneys.