Probate is the legal process that takes place after someone dies, and it involves several steps overseen by a probate court. If you are focusing on estate planning, it is important to understand how it works. This article provides essential information you should know. 

What Is Probate? 

It is the legal process of administering a deceased person's estate. The first step is to file a petition with the court to open the case. This is usually done by the person named as the executor in the deceased person's will. If there is no will, then a family member or other interested party can petition the court to be appointed as the administrator of the estate. 

Once the case is opened, the court will appoint a personal representative to manage the estate. This person is responsible for identifying and inventorying the deceased person's property, paying debts and taxes, and distributing the remaining property to the rightful heirs. The personal representative is also responsible for notifying creditors and beneficiaries of the case. 

How Does It Work With & Without a Will? 

If the deceased person had a will, then the process is generally straightforward. The will outlines the deceased person's wishes for how their property should be distributed, and the personal representative must follow those instructions. If there are any disputes or challenges to the will, the probate court will hear those and make a decision. 

If the deceased person did not have a will, then the process can be more complicated. In this case, the court will follow the state's laws of intestacy to determine how the deceased person's property should be distributed. This can be a lengthy and expensive process, and it may not result in the distribution of property according to the deceased person's wishes. 

How to Avoid It 

There are several ways to avoid probate, including setting up a revocable living trust, joint ownership of property, and naming beneficiaries on accounts and assets. These options can help simplify the distribution of property after death and avoid the expense and delays of probate court. 

If you are interested in learning more about probate and estate planning, it’s important to consult with an experienced attorney. The Rutherford Law Office, located in Chillicothe, OH, can provide guidance and assistance with all aspects of the process and help you make informed decisions. They take the time to listen to their clients and provide customized legal solutions. Contact them at (740) 775-7434 to discuss your case or visit their website to learn more.