Generally, a probate case is a bit complicated court process. The process includes many paper works and legal problems. Sometimes, the difficulties are too hectic to handle. Here comes the necessity of legal help for the estate settlement case.
What Is A Probate Process?
The probate process is a court case through which the family of the decedent applies in the court for a fair settlement of the debts and property is transferred to the heirs and beneficiaries with legal title. The probate process is different for no will situation and the will situation. When the decedent makes a will before death, the process goes on following all the legal rules thoroughly. On the other hand, the process becomes complicated without will. If there is no will or living trust, the case is a bit difficult to handle without expert guidance.
Proceedings Of Probate
The probate process goes on in the probate court following some particular steps, which are –
1.Filling A Petition: At first, you have to file a petition mentioning all the concerns of the estate. You have to mention whether there is a will or not. The case starts with the petition of your file.
2.Giving Notice: As soon as the court approves your petition, you have to send the notice to all the heirs and beneficiaries. The court will provide the notice. After that, the heirs and beneficiaries can object about the petition if they want to. Also, the court publishes the hearing notice in a local newspaper for the unknown creditors.
3.Gathering Essential Documents: You have to arrange all the required documents for further process. The process requires all the inventory assets such as bank accounts, retirement accounts, stocks and bonds, personal effects etc. you must include these documents within other essentials.
4.Settling The Estate: After competition of all these steps, you have to pay the bills and debts from the estate. Finally, the court will distribute the remaining assets among the heirs and beneficiaries according to the law of intestacy.
Is It Possible To Manage A Probate Process On Your Own?
The estate settlement case is a complicated court process itself. It becomes more complex when there is no will or trust of the decedent. The cases with will or trust are less complicated. On the other hand, the cases without a will are too difficult to manage. The entire process will be easier to handle with expert guidance. For the several formal activities and court proceedings, you cannot manage the entire process on your own. You should consult a legal help for the case.
Why Do You Need A Probate Attorney?
The estate settlement case becomes more difficult with family conflict. A legal person can help you in this matter effectively. If there is a will of the decedent, the lawyer makes the process easier for you. If there is no will or living trust, you must hire a professional lawyer for your probate case. He can deal with the case correctly and give you a fair estate settlement. A probate attorney is a state-licensed representative with legal rights. He can drag the process smoothly to the end. Also, he can advise you on securing assets and settling disputes between claimants.
Role Of A Probate Attorney
After the death of a person, his or her assets must get a fair settlement. When a probate process goes on, many complicated proceedings and problems arise. The family members cannot deal with those complications on their own. The lawyer helps them in many ways to settle the estate.
- Maintaining Documents: An estate settlement case includes many court proceedings and paperwork. The lawyer maintains the required documents of the decedent and the estate for the essential paperwork with ease.
- Filing Petition And Giving Notice: The lawyer starts the process by filing a legal petition to the court. After approval, he sends the legal hearing notice to the claimants. If any difficulties arise in this process, the lawyer solves it correctly. The lawyer becomes the representative of the decedent’s family during the entire process.
- Keeping Eyes On Inventory Assets: The attorney manages the inventory assets of the decedent. He gathers all the documents and information of the bank accounts, retirement plans, life insurance policies, stocks, etc. Also, the lawyer assists you with bill and debts payment.
For the probate process, it is clever to hire a legal representative. Otherwise, you will face many problems during the proceedings as they become more complicated day by day. A lawyer can manage them correctly and take the estate towards a reasonable settlement.