Probate or Probate Law, is the official and permissible procedure by law, that gives gratitude to an individual will, while their alive or when they pass away. Through this process, the legal service of a certain company or licensed individual will appoint themselves as the personal representative or the executor.
They must manage the estate and allocate and possessions and assets of the deceased to the intended beneficiaries, in most cases the immediate family members who are still alive, and if not then they will find the right person through a specific system of measures.
In the United States, the law varies by state, so when necessary, it is recommended to consult the probate lawyer or attorney, on whether the proceedings are necessary or not, a list of these differences by the state can be found on this website online. It is not always done automatically but rather depending on the situation.
Sometimes this step is waived in the document of the will itself. it is good to know that these types of accounts are not costly, and neither do they take too long. Another thing often mentioned in the paperwork, is whether the trustee needs to be related to the deceased or not.
Whether the estate is handled by an executor (legal entity) or not, the administration of the assets should be done regardless. Back in the day these processes took much longer and were further complicated by small details, however nowadays this is not the case. It is a quick and easy one.
Now that you have some idea of what this service offer, let’s move on to a few other informative things such as when would you would need one.
When Is It Required to Hire A Probate?
There may be a few reasons why you would need the assistance and direction of a professional to help you authenticate the last will or distribute any remaining assets to the appropriate parties. The “probate codes” would typically determine this for you https://www.thebalance.com/how-to-determine-where-to-open-a-probate-estate-3505263.
Because every state in the US has its specific laws towards this, and to determine what the requirements are, there could be cases where someone passes away without leaving a will, in which case they will need to step in and help to sort things out. Probate will still need to pay any final bills left unpaid and distribute the assets accordingly, via a few steps, regardless of whether this document exists or not.
There are a few steps involved, which we will look at below.
Appointing the Right Representative
A personal representative or executor is sometimes appointed by the judge if you do not already have one. These are the individuals, as mentioned above, that will oversee the situation to make sure everything is settled including the estate and possessions, appropriately.
Most times, the choice of the representative has already been mentioned in the will, for example from the Law Office of Cynthia C. Sayegh – Probate Attorney, and these individuals will receive a “letters testamentary” or “letter of authority” from the court itself, which is a legal description to state that they will receive this document and they are hired to handle things from her eon now, and any transactions necessary will be handled by them.
Authenticating the Document
The testament is an important document that someone leaves behind when they pass away. Most of the states in the US have laws that necessitate, anyone who is in possession of this document – last will, will need to file it will the appropriate offices as soon as possible. Along with this, one would also sometimes need to send the original death certificate with it too. Once done, a petition is then opened for the estate at the same time.
Once these are submitted and any forms filled out and sent with it, which is a simple and straight forward process, then it is in the hands of the right authorities and the probate attorney will handle things going forward. The validity of the will is done by a judge if the decedent left one. You may need to attend a court hearing, along with any of the beneficiaries mentioned in it, and if no will exist, they go with the names of those who would automatically inherit the possessions by law.
At the hearing, all parties have the chance to object to anything due to several reasons such as someone has a more recent version of it, or the existing one is not drafted properly. Sometimes people also object to the lawyer nominated to handle the issues, in which case the judge or the attorney present will need to find a solution for this.
When validating the document, to find out if it is a legitimate document, the court will often rely on any witnesses available. If done properly during the time the person is still alive, many of these documents include a so-called “self-proving affidavit”, click here. Both witnesses and the person who has passed away would have signed an affidavit at the same time to authenticate it, which is an acceptable piece of information for the court.
If this is not present, the witnesses in front of the court will have to sign a sworn one in the day stating that they saw the decedent signed the will and that the one in front of them is the same one that was signed.
There may be other legal jargon, but in the end, this is a fairly simple process, and hiring the right person will get you there and give you some peace of mind.
A Final Note
It is always advisable to seek the clarification and direction of the legal authorities and licensed professionals when it comes to anything related to the exchange of monies. Never go by what online sources have written unless they are written by lawyers or attorneys themselves. Just as this article is not meant to give you any legal advice relating to probate but rather help you to understand some basic steps to get you on the right footing.