What is Probate?
Probate is a legal process where a will is reviewed to conclude whether it is authentic and valid. The probate also refers to the common administering of the estate of a deceased person without a will or administering the deceased person’s will. After the asset owner dies, the court hires either an administrator or the executor named in the will to administer the process of probate. The probate process will include collecting the estates of a deceased person, paying any liabilities remaining on the person’s estate, and distributing the respective assets to beneficiaries. Read our blog below to read more about what is probate, about the application process.
Why may you be required to hire a lawyer?
The process of contributing if the will is accurate or valid is called probating an estate. In this step, the court observes the will and decides if it is valid. Describing the process may seem simple but the actual process is not so straightforward. If the probating is not done rightly, the person kept in charge of the assets can become liable for mistakes made in the distribution. It is hectic for anyone with little or no knowledge of law or how to probate an estate. This generally puts the next of kin under great stress and tough navigation around the whole process. Many times, relatives or family are still grieving and do not have the energy or consciousness to do such important work.
This is where the probate lawyer makes their life easier. They have the proper knowledge of the law and what needs to be done. Appointing them for the probate work will eliminate any possibilities of error or mistakes. You don’t need to pay the fees of the lawyer, as their fees will be obtained from the estate. A professional lawyer helps you in the process of getting the letter of administration.
Given below are the various reasons that prove that hiring a probate lawyer is the best option:
1. Keep the family away from conflict:
Appointing a lawyer avoids any possible quarrel between the family members. In the absence of a lawyer, many family members want to be a part of the probate process. With no one backing down, it can create serious tension between the family members. If more people get on board with the thought, it will be impossible to carry on the probate process smoothly. A lawyer will help resolve the disagreement and can propose the best approach for the probate issues. It is a lawyer’s job to avoid any potential conflict and offer a clear solution for each member related to the case. This also eliminates the chances of someone being called off for not properly managing probate and the estate.
2. Access the estate faster:
Probating can be a time-consuming process and can even take a year to resolve. It can never be faster than three or four months and one can access the assets, property, and investment right away. But, with a probate lawyer by your side, you can expect the process to be much faster.
3. Preventing claims against the estate:
After someone passes away, it is always seen that at least one defendant will claim the estate. This is common when the family member or the spouse is not mentioned in the will and they feel like they deserve a share. The beneficiaries can also claim the estate if they believe that the estate is not fairly distributed. If you hire a probate lawyer, they will ensure that these claims are eliminated effectively.
4. Prevent rejection:
The court demands a few estate documents which must be submitted immediately. These documents must be filled out and they should be rightly filled out since the court will not accept them even if it is filled with the slightest error. If the documents are not right, the court will reject your probate. This will eventually require more time to finish the probate. But, with a probate lawyer by your side, you can be assured that the documents are filled exactly as the court demanded. This means that you do not have to worry about doing the hectic paperwork again.
5. Answer questions:
You will get plenty of questions while going forward with the probate process. A probate lawyer will be there with you, guiding you through each of the steps involved in the probate process. They will advise you on various occasions and save you from causing an error.
6. Deal with debts in a good way:
A lawyer will efficiently take care of all the financial responsibilities. You will have to focus on the debts that the deceased had and you will have to pay various instances such as funeral expenses, basic debts, personal loans, and income tax. In some cases, the cost of the debts can come from the estate, with a lawyer’s advice, you can handle these situations well.
7. Saves you from overpaying:
Professional probate lawyers have the required experience to know where you need to pay and how much you need to pay. If you are new to the law and the rules, you make mistakes like overpaying or underpaying. A certified lawyer by your side can correctly do it.
8. Keeps you away from lawsuits:
If the family members are not in agreement with how the probate is being handled, it may end up in a lawsuit. These lawsuits are time-consuming and expensive and they can be emotionally exhausting. But, with a lawyer on board, you are less likely to run into such situations. A lawyer helps avoid such circumstances from the beginning, thus keeping the process smooth and clear.
9. Avoiding third-party delays:
Sometimes third parties, for instance, the bank, might create a hindrance in accessing the asset or the information related to it. With a lawyer, that communication can be much faster.
Hiring a lawyer will ensure that you get the letter of administration sooner with no delays. The majority of the people are new to this law and wonder about what probate is and how to apply it. It is always advised to hire a probate lawyer to make the process easier