Probate 101: Understanding How Probate Works

Unless you have first-hand experience dealing with the situation, the idea of dealing with probate likely seems faraway and unlikely. For many people, the word “probate” is something akin to the phrase “root canal;” something they aren’t quite clear on the details about but are sure they do not want. The truth is, probate can be a lengthy, stressful and emotionally taxing time for everyone involved. There can also be significant benefits from settling an estate through probate.

What is Probate?

Though it sounds like a major legal issue on its own, probate is most simply explained as the series of legal requirements that must be completed to discharge the estate of a decedent in keeping with state law. If you are planning your own estate or working with an aging loved one to ensure all affairs are in order should the worst happen, avoiding messy probate disputes is the goal. Should you or a loved one pass away without a will in place, then the process can involve courts and legal proceedings on top of the distribution of property, paying of estate debts and collecting any money owed to the estate.

Do I Need a Lawyer for Probate?

In both estate planning and probate dispute situations, experienced legal counsel can help you navigate a complex process with sound advice throughout the experience. Working with a probate attorney as part of your own estate planning process can minimize the chance of disputes down the road. If you have been named executor of a loved one’s estate, legal counsel can help you minimize the chance of personal liability in the event of errors or mistakes.

In most circumstances involving estate planning or the responsibilities of acting as executor of an estate, obtaining legal counsel is advised. Working closely with an experienced estate planning attorney truly can make the process easier to understand and less nerve-wracking to navigate. If you are not sure whether you need an estate planning attorney, you probably do. Call or contact us today at Turner Law to make sure you have the help you need to manage what can be a stressful time.

Posted on the behalf of Turner Law, LLC