The probate procedure helps distribute a deceased person’s estate to their rightful heirs. In many American states, probate takes care of the transfer of property left by the deceased and clears any debts. It usually starts with a petition submitted to the court. The one who initiates this is the executor, who may have the authority to carry out the terms laid out in the will. The application should also include the death certificate apart from the will and other essential documents. The probate court may also choose who will be the executor without the will or if the one named in the will is unwilling to perform this duty.
Nevertheless, it is a complicated and lengthy system, which can be worth consulting with your Orange County probate lawyers. With their guidance, you can have a smooth and easy journey. You can also rest assured that you will get the rightful share in the property left behind by your near and dear ones.
What type of assets goes into probate?
A person’s estate can include personal property and specific financial accounts. Since this process helps settle the estate distribution issues of a deceased person, the law ensures that the rightful heirs or beneficiaries get them. Real estate is an ordinary asset, as many people invest in this area. Hence, after a person’s death, the real estate goes through probate before going into the hands of the inheritors. Other items like cars, jewelry, furniture, and personal belongings may also have to be a part of this process for assessment and administration. As far as finances go, you don’t have to worry about this process with life insurance, pensions, brokerage accounts, etc.
Choosing a probate attorney
When your loved one leaves you behind for the other world, the last thing you want to worry about is the legalities of their estate. Probate is not a simple process; you must select an attorney who is knowledgeable and experienced. The lawyer should be familiar with your state’s laws and the will’s specific requirements. You should be able to rely on them for any answer that you may have about the process. Plus, the expert should be approachable because you will work closely with him during a difficult time. If you don’t trust someone, you cannot have a smooth journey. There will be doubts and dissatisfaction. That’s why selecting the right lawyer is better, even if it requires more time.
Everyone tends to have an opinion about making a will. Some associate it with negative emotions, while others don’t think they are rich enough for this. All these are not suitable approaches. No matter what you have and how much, you want those to go to your chosen people. You don’t want your property, even if smaller in size or value, to remain unclaimed. So it is better to prepare a valid will and describe who gets what. You can update it whenever necessary. If you know a good lawyer, this will not feel like a burden at all.