Most people when confronted with probate are not quite sure what it really is. It can be a confusing and difficult thing to understand that takes some time to understand. But with the right help and the right lawyer, it can make more than enough sense to help you through the process.
It is important to start with a basic understanding of what probate is. Probate is the legal process that occurs after someone dies. It had numerous different parts, but the main ones are proving the will of the deceased person is valid, identifying and taking account of the deceased person’s property, paying back debts and taxes, and distributing what is left of property as indicated in the will. It is also important to know some terms used in probate quite often. The executor is a person who is in charge of carrying out all of the instructions presented in the will. The administrator is someone who is an executor who was appointed by the court.
Next up is the process of probate court. The process of probate court usually goes in the order of: the person named in the will or appointed by the judge will become the executioner, the executor will prove the validity of the will and show the court a list of all property, debts, assets, and who is inheriting what things, and then relatives and creditors will be officially notified of the death. This process can take anywhere from a few months to a year to complete, so do not let it’s small text explanation mean that it is a small and short process.
It is very important to know who is incharge of handling all things probate. Nine times out of ten, it will be the executor who is in charge of handling everything related to probate. If there is no executioner labeled in the will, then probate court will determine someone who is to handle the process and given the title administrator. Usually, the job and all the work that comes with it goes towards the closest relative who is capable of the tasks or the person who will inherit most of the deceased’s assets.
You should also know that it is possible to avoid probate. Probate court can be a very time consuming and money draining process that can affect your loved ones for some time. It may be harder to avoid it if you are a part of the older generations, but if you are younger, then it is a good idea to start a plan to help avoid probate. It is also important to remember that if you are unsure of what to do, you should meet with an experienced probate lawyer to help you understand the process better. It is also vital to know that your personal financial and family situations will determine whether or not probate is something that will work best for you.
Contact Derryberry and Associates for all of your probate lawyer needs
If ever in need of professional help with probate, contact this Palmdale CA probate firm.