Siminou Law Lawyers Explain Probate Law

After a person dies, the ownership, or legal title, of his or her property, assets and personal effects must be passed on, or legally transferred, to the beneficiaries listed in the Will. If there is no Will for the person, the persons who are receiving assets are designated by their State Laws. “Probate” is the legal name given to this process, which is often started by Siminou Law Lawyers. The Will must be verified as the valid, final dispositive statement of the decedent (the official record of the deceased person’s final wishes). The Will does generally name the person or institution to administer, or manager, the probate estate process. When there is no valid Will, the State Law will govern who receives the assets of the deceased. The term “probate” is also used often in the larger sense of, “probating the estate.” It is important for family members to know that without a Will, if there is property to be governed out, it is possible that those who wish to receive it will not, because the State will decide who gets the assets of the deceased. Having a Will can guarantee to the deceased before they die that the people who they want to have receive their assets will get them. It is very difficult for families to deal with the hardships of working out the costs of the funeral and burying their loved ones, and having to tack on the need for the process of probate is not something you want to go through.

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What Happens in Probate?

The probate process may be contested or uncontested. Most contested issues will generally arise in the probate process, because a disgruntled family member or friend is seeking a larger share of the decedent’s property than they may have actually received. This is another reason to get a Will before the deceased because too impaired to sign one. Arguments often raised in this process will include: the decedent may have been improperly influenced into making the gifts as they are; the decedent didn’t know what they were doing (also known as insufficient mental capacity in the courts) at the time the Will was executed; and the decedent did not follow all of the necessary legal formalities in drafting their own Will on their own. The majority of probated estates, especially those with Siminou Law Lawyers, remain uncontested. Basic Process of Probate Estate is the process of collecting all property of the decedent, paying all debts owed, claims and taxes owed by the estate, collecting all rights to incomes, dividends and etc., settling any and all disputes, and distributing and transferring the remaining properties to the eligible heirs.

How long do Heirs Wait for Their Distribution?

The probate process and distribution to heirs can be as short as 6 months long, but it can also be as long as two to four years, depending on the laws of the State regarding the creditor’s claims; whether there is property that needs to be sold; whether there are any tax liabilities on the estate; whether there are disputes among the heirs; and congestion in the State Courts. Siminou Law Lawyers express a big need in a Will so that the probate process can be much smaller, and some of these things avoided. You should also talk to your family member about any and all debts, so that estate that is needed to be given to them can be adjusted in the Will, so that the heirs do not lose any of their granted estate to taxes, income and creditors after the deceased is gone.

Probate Administration

Today, the process of the probate is a court supervised process that is designed to sort out the transfer of a person’s property after their death. Property subject to the probate process is that which is owned by a person at the time of death, which does not pass to others by the designation of ownership (i.e. life insurance policies and “payable on death” bank accounts). A common expression in the offices of Siminou Law Lawyers is “probating a will.” This describes the process by which a person shows the court that the decedent, or the person who died, followed all of the legal formalities in drafting his or her will. What is often taught about the process of probate is how to avoid it. This is a process you do not want to have to go through, as burying a loved one and then having to wait to receive their assets is complicated and often emotionally unbarring for some people. The movement to avoid probate is primarily motived by the desire to avoid the costly probate fees, which can often cost you as much as you are trying to get with the probate process. It is though, however, quite possible to avoid the probate process completely. There are three primary ways to avoid probate and its protections: joint ownership with the right of survivorship, gifts, and revocable trusts. The probate system, however, does exist for the protection of all parties involved, and the focus of this article is to inform on what occurs during the probate process. If you ever find yourself in need of a lawyer for the probate process, you can contact our office in order to receive a consultation so we can learn more about your issues and help guide you through the steps you need in order to start your probate process with as little costs and time as possible.