Probate
The judicial process that takes place in the court in order to prove the legality of a will is known as probate. This process confirms the validity of the will as the last testament of the demised. In the absence of a legalized and valid will, the estate of the deceased is settled in accordance with the intestacy laws in the state where the real property resided at the time of the deceased individual’s death.
A few scenarios when the probate becomes necessary are: when the death of one of the tenants in common occurs, when there aren’t any beneficiaries appointed, when the death of the beneficiaries occurs before the decedent, when the testament or last will is invalid. While an invalid will is likely to necessitate the probate process, sometimes when the aforementioned scenarios are true, so is a valid one.
Joint tenancy allows an individual to own assets while they share some of the ownership rights of their estate with a tenant in common. Once the death of one of the tenants in common occurs, the specified share of assets of the deceased person has to be probated.
If the demised person owns a payable on death or other related accounts, such as health savings or medical account, annuity, life insurance policy, retirement account, IRA or 401(k) and the assigned beneficiaries pass before the decedent, a probate is necessary. When a person doesn’t have a legalized will that explicitly states what to do with their estate, a probate once again becomes necessary.
One of the best ways to avoid probate is to learn all about it and hire an estate planning lawyer that can guide you through the process! Read these articles on probate to gain extensive knowledge about it and find solutions to your legal problems.

Ethical Issues in the Probate Process

Ethical Issues in the Probate Process

Scenario My dad contracted coronavirus while in hospital and died a few weeks ago. I am in isolation due to being a high-risk contact, and I’m really struggling to sort out the estate while being in the hospital. Should I be worried about losing my estate to an executor? Ethical issues arise in different situations,…

Do You Need a Probate Attorney

Do You Need a Probate Attorney?

Scenario I lost a relative recently, and his estate has to go through probate. It is a moderate estate, with enough funds to pay the attorney and leave plenty of assets for the beneficiaries. I don’t believe that there will be any contests on the estate, do I still need to hire a lawyer? The…

Probate Attorney Near Me 11432: Ways Business Owners Can Avoid Probate

Probate Attorney Near Me 11432

Studies show that private businesses become more vulnerable six months prior and after the death of the owner. Having a sound plan ensures that the business continues to run even after death. If you have been in the business field for a long time, you may have come across probate cases where family members or…

Using a Living Trust to Avoid Probate

Using a Living Trust to Avoid Probate

Planning your estate preserves your assets for the benefit of the heirs. It can be disastrous for those who assisted you in building the estate to be depleted after death. This article explains how you can use a living trust to secure your assets from the probate process. Planning one’s estate entails transferring some assets…