When someone passes away, their estate will usually have to go through probate, which can be a long and overwhelming process. Many grieving families aren’t sure how to begin closing their loved one’s estate, or whether they should hire a probate attorney. If you’ve recently lost a family member, below are a few things you should know about probate.

A Guide to Probate

What Is Probate?

Probate is the legal process of settling the decedent’s debts, resolving any legal challenges, and executing the instructions in their will. The executor of the estate will have to inventory their assets, sell off belongings to pay off any outstanding debts, and close the decedent’s accounts.

If the individual passed away without a will, the probate court will divide their belongings according to state law and distribute those assets to their heirs. Because this process can be so complex, many people choose to hire a probate attorney to handle the details.

How Long Does Probate Take?

No two situations are alike, so there’s no standard time limit for probate. However, even if the decedent’s finances are relatively simple and there are no legal challenges, the process can still take months. If another family member challenges the will or assets have to be sold to settle debts, closing a probate case could take years.

What Cannot Be Transferred Through Probate?

Many types of assets, such as stocks and bonds, can be bequeathed to someone else using a “transfer on death” designation. This allows the beneficiary to take ownership of those belongings immediately, bypassing the probate process. Joint tenancy—in which two parties own equal shares of valuable property—can also sidestep the probate process. The deed to the item must use specific language to confer this status.

Assets held in trust are also immune to the probate process since they’re technically owned by a separate legal entity. Typically, the decedent will have named a trust beneficiary. Alternatively, the entity can be dissolved and its assets distributed according to the founder’s instructions.

If you’ve been charged as the executor of someone’s estate or named as a beneficiary in a will, the probate attorneys at Williams, Stitely & Brink PC in Lexington, SC, will provide the guidance and experience you need. They’ll handle every step of the process so you can concentrate on mourning the loved one you’ve lost. Visit their website for more on their services, or call (803) 359-9000 to speak with a probate attorney today.