Probate is a court-supervised legal process through which a person’s estate is administered after they pass away. Each state has unique laws that regulate how this should take place, but some basic aspects remain the same regardless of where the deceased lived. Whether you are estate planning for your future, have been appointed the executor of an estate, or named the beneficiary in a loved one’s will, it’s helpful to gain some insight about probate.

Probate 101: A Guide for Estate Planners, Loved Ones & Executors

What Purpose Does Probate Serve?

The primary purpose of probate court is to determine the validity of a decedent’s will. This helps to prevent disputes over its content and make sure it truly represents the deceased’s final wishes. It will also ensure the instructions they’ve left behind are carried out as intended and their affairs are wrapped up correctly.

Who Has to Deal With the Probate Process?

Executors and heirs both have to play a part in the probate process. Executors have many responsibilities that must be completed while an estate is in probate, making it necessary for them to work closely with the court. Heirs have a vested interest in what occurs during probate, as it will directly impact their inheritance.

What Are the Difficulties Associated With Probate?

Whenever possible, it’s beneficial to approach estate planning in a way that will avoid probate. It is often time-consuming, taking as long as a few years to settle an estate in some cases. It can also be expensive due to court costs and other fees. 

What Happens When Someone Dies Without a Valid Will?

If someone dies without drafting a will, there is no way of knowing what their wishes are. Thus, their state’s intestacy laws will decide how to distribute their assets, and if there are minor children who need to be taken care of, the court will be in charge of assigning guardianship. This makes estate planning important for every adult, regardless of age or wealth. When writing a will, make sure it’s executed according to state laws to avoid any question of its validity in probate.

Despite the complexities, probate doesn’t have to be a daunting experience if a proper estate plan has been created. To learn more about the process, consider consulting the experienced probate lawyers at Seiler & Parker P.C., L.L.O. Serving residents in Hastings and Clay Center, NE, they have advised numerous clients and their family members on a range of legal issues that arise in estate planning. Call (402) 463-3125 to schedule a consultation, and visit their website to learn more about their team of legal professionals.