Probate is the legal process of validating a will, if applicable, and distributing a deceased person’s assets after their passing. The main goal of the probate process, and the involvement of the probate court, is to protect the decedent’s property, inventory their assets, ensure all debts are paid, and then distribute the estate per their testamentary wishes or per the probate code, whichever is applicable.
Although probate is often seen as a tedious and costly process that most people do not want to experience, if unavoidable, it has its benefits. Entering probate court guarantees the court will oversee the administration of the decadents’ affairs. Court oversight can lessen the worries of a beneficiary.
For those who have died “intestate”, which means without a valid will or trust, the decedent's property goes through “intestate succession” per the probate code. Ultimately, the goal of the process is to ensure that property goes to the people you want it to go to, and if you don't express your will, then to your legal heirs.
On the other hand, probate has its drawbacks since the process can be lengthy and stressful. The probate process will typically take at least one year to eighteen months and can take up to several years depending on the complexity and nature of the assets, debts, and beneficiaries. Because of the long duration, inheritance may be postponed for the heirs. Nobody wants to sit through court proceedings or meetings with attorneys after a loved one recently passed. Legal expenses reduce the value of your estate that passes to your heirs. In addition, the probate process is a public proceeding in which your personal family matters and financial information is available to the public.
Tresp Law, APC, will guide you through the probate process with care, compassion, and confidence. Our attorneys work with you to administer the decedent’s estate, identify and distribute assets to the beneficiaries, and provide services for other issues that may require the attention of a probate court, including Lost Wills, Will Contests, Removal of Executors, and a variety of other Probate Litigation matters. Contact Tresp Law, APC and speak with one of our attorneys who have extensive experience representing clients in probate cases involving assets in multiple states and international assets, including real estate, stocks, bonds, annuities, and other investment forms.
