Whether expected or completely out of the blue, the death of a loved one can be a very traumatic experience for the entire family.
Many people have difficulty learning how to move on in life without their beloved family member. On top of your loss, dealing with the time-consuming legal system can be confusing and an unnecessary challenge.
Probate is the legal process by which a Court assumes authority over the assets and debts of someone who has passed. The assets and debts of a deceased person is known as an Estate.
If your loved one had a Will, you will have to submit that Will to the Court. Upon filing of an application and a love one’s Will, the Court will determine if the Will should be accepted. If the Will is accepted, the Court appoints the executor named in the Will.
Once appointed, it is the executor’s job to collect all the assets of the deceased and determine if there are any debts owed. Once all assets are collected and any debts paid, the executor then transfers the assets to the person or persons named in the Will.
Sounds simple, but there are various hoops one must jump through to complete a simple probate. These include filing the proper documents with the court, putting creditors on notice and completing a final inventory of your loved one’s assets.
But do not be overwhelmed, we here to help. In some cases, there could be ways and procedures available to you to save costs and transfer your loved one’s assets without probate.
Actually, with a little planning, there are ways to avoid probate. To learn more about what assets can avoid probate or how to avoid probate all together, visit our estate planning video section.
If you are in need of help navigating this process, contact us today at (940) 569-4000.