Probate Process
Probate is a legal process that can be long and complicated. This article will discuss some of the things you need to consider when deciding whether Probate is right for you.
When hiring an attorney, keep in mind that probate attorneys are lawyers who handle wills, trusts, estates, and other legal matters related to death or incapacity. Probate attorneys don't typically practice any other type of law.
Another important concept to learn about Probate is the Probate Court. The Probate Court oversees all proceedings within Probate. Once a judge has appointed someone as personal representative (a fancy name for executor), they have the power to administer the estate of the deceased. Probate can be a long process, but Probate attorneys are knowledgeable about how to make the probate process smooth and efficient for family members. Probate attorneys will know which forms need to be filed first, what expenses are allowed or not allowed, and they may even have contacts with banks where they can help expedite matters regarding death certificates and safe deposit box access.
An important thing to consider when thinking about Probate is whether you plan on using Probate as part of your estate planning. Most people understand Probate in terms of dealing with deaths, but Probate is often used by people who simply want to ensure their estates go exactly where they want them to after their deaths. Probating a person's will ensures that Probate Court judges oversee everything so there can be no mistakes. Probate of a Will is a lengthy process, but probating the Will in Probate court makes it easy for executors to administer the estate and ensure all assets are distributed to their rightful beneficiaries.
If Probate isn't right for you, an alternative type of legal document is called a Living Trust. A Living Trust allows people to avoid Probate when they die. The idea behind life trusts in that instead of appointing someone in your will to take care of your assets after death, you place the assets in a trust during your lifetime. Probate is avoided because you retained control over the assets while you were alive, and upon death, your estate goes to beneficiaries without Probate.
A Living Trust can be very meaningful for people who have children from multiple marriages or relationships who may not get along with each other. In this situation, it's important that the people involved place their assets into a trust instead of leaving everything directly to their children. By placing assets into a trust, they ensure that Probates don't need to be probated after they die if there are any disagreements about how inheritances should be distributed.
Having said all this; Probate still remains one of the most common ways to leave an inheritance behind when someone dies. Probate is a valuable tool that Probate attorneys have at their disposal when administering estates.
Probate attorneys know Probate and Probate Court, and they can help you ensure your estate goes along smoothly and doesn't get bogged down in bureaucratic red tape.
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Cortes Law Firm
5801 Broadway Extension Hwy Suite 110
Oklahoma City, OK, 73118
405-213-0856
