When a person passes away, their loved ones must administer their estate. Depending on whether the deceased left a will, this process can take several forms.
The probate process determines the heirs’ property rights, and there are important things to know about probate before you begin. Contact our dedicated estate planning attorneys at Amity Law Group for assistance with this process.
Who is Involved in The Probate Process?
Several people are involved in the probate process, including the court, the appointed personal representative, and creditors like banks and credit card companies. It is highly recommended that the personal representative has an attorney to help with this complex process. Probate referees may also be utilized if any properties need to be appraised.
When Does a Person Have to go to Court for Probate Proceedings?
There is no strict timing for when a person has to go to court; it is usually as soon as possible after someone passes, especially if they have other beneficiaries waiting for their inheritance.
If a person is representing themselves as the personal representative in a probate proceeding, they would likely be required to go to court several times, depending on the complexity of the case. However, it is important to note that a probate attorney could go to court on their client’s behalf in most instances.
Is Probate Always Required?
Probate is only required if the person who has passed either left a will or did not leave a will and left more than the statutory amount for probate. The decedent’s relatives can avoid a formal probate process if the amount that is left in the estate is less than the statutory amount or if the person has left a trust.
The Difference Between Judicial Probate and Administrative Probate
Judicial probate requires a judge to oversee the process or the case. Administrative probate is where a judge is not required to oversee it. They will fall into the administrator probate category if the estate’s amount is less than the statutory amount for the year that the decedent has passed.
Reasons to Hire a Probate Lawyer
Probate is not easy to complete on one’s own; there are many deadlines and rules, and they can get complicated. Even an estate that is simple or has one type of asset can still be difficult to handle.
If an individual lacks experience in probate, the process could not only become challenging and time-consuming but also financially wasteful because of the time it could take to close the probate estate. Assets could depreciate or lose value while they remain in the estate.
Learn Every Important Thing There is to Know About Probate
Our hardworking attorneys at Amity Law Group are here to answer any questions you may have about the probate process. We understand that the aftermath of a loved one’s death is a difficult time, and dealing with estate administration can be an added burden.
Schedule an initial consultation with our legal team today to discuss the important things to know about probate.
