Your Will Has To Go Through Probate
Before you die, you should make a will so that your family and friends know exactly how you want your money and possessions disbursed after your death. Part of the process should be appointing an executor who will make sure that everything is taken care of the way that you want and that the will is handled appropriately. One of the steps that your executor will have to oversee is probate.
What Is Probate?
Probate is the process in which your will is examined and validated by the probate court. This time is also when people can contest the will and all your final debts are handled.
Who Gets Your Will Through Probate?
Generally, your executor can start the probate process. They will go to the probate court and submit your will so that everything can be disbursed and handled the right way. Your executor might also have a lawyer do everything. This can be the same lawyer who wrote the will for you, or it may be someone new that the executor hires for the process. Whoever it is, the attorney will make sure that everything goes as smoothly as possible.
What If There Are Complications?
If your executor submits your will to the probate court and your heirs or other people contest the will, that can significantly impact the process and make it last longer. In that case, the judge is going to want to have someone who is completely neutral in the case evaluate and handle the case. The probate court will appoint an administrator to listen to everyone's issues and try to get to the bottom of the matter, If you die intestate (without a will) the probate court will also appoint an administrator to make sure that all your debts are paid and that your estate is distributed. That administrator will be paid an hourly wage out of your estate, meaning your heirs and family will have less money after your death.
Can You Avoid Problems?
One way you can avoid any problems is to pre-probate your will. This isn't a true probate process since your will doesn't go into effect until you die, but the will is tested by the probate court to make sure it's good and your will will be on file so that when you die it will be ready to go.
Making sure that you have written a will helps your heirs and family. It make sure that they get everything you wanted them to have. Probate is part of that process. For assistance, talk to a probate attorney like Gruber & Associates, PC.