Unless a person disseminates all of their assets before they die, has one or more permanent life insurance policies or has established an air-tight trust, everything will have to enter the probate process. The probate process is regrettable for a number of different reasons.
One issue is that the process can take an extended period of time to complete. Unfortunately, during the probate process, a decedent’s wishes made in their will cannot be enacted until the probate process is over. Another reason why the probate process is less than ideal is because it is expensive. It is estimated that $3 billion a year is spent by estates having to go through probate.
While there are some ways to do it with the help of a lawyer, it’s very difficult to avoid probate. In instances where avoidance isn’t possible many individuals will help the executor of their estate by securing the services of an estate probate lawyer. This will make things much easier on the person dealing with this process.
When a person passes away, the executor of their estate is the person that will handle the probate process. This duty typically falls to a relative, such as a brother or sister, the spouse or the children of the decedent. For married individuals the executor is typically a spouse. Unless these people have legal experience, the probate process can be rather arduous, complicated and frustrating.
To help the executor during this difficult time, many estates name a probate lawyer that works with the executor to help them understand and navigate through the probate process. These attorneys are invaluable because they understand how probate works and they can help the executor to be prepared to handle whatever eventuality the probate process brings. This can take a great deal of stress off of the executor, who may also be going through a serious grieving process while having to deal with probate.
If your estate is bound for probate after you pass away, there are ways to make things a bit more manageable. Establishing a a probate lawyer to help the executor of the estate through the probate process is important. It can ensure your estate makes it through this process quickly so that the beneficiaries of your last will and testament can receive their inheritance.