When you start to look into the subject of estate planning, you will invariably hear a lot of things about the legal process of probate. This process would come into play if you are in direct personal possession of property when you pass away. This would be the case if you have a will, and it would also be the case if you die intestate.
While it is true that there are certain drawbacks that can go along with the probate process if things are not done correctly, it does not necessarily have to be a problem. Under certain circumstances, a last will that must be admitted to probate can be a perfectly acceptable choice.
Proper will construction is very important if you want to facilitate a smooth passage through probate. There are websites on the Internet these days that sell do-it-yourself legal documents, including last wills. They would like people to believe that professional guidance is not necessary when you are creating important legally binding documents.
When you consider the fact that a will must be admitted to probate, this is a risky proposition. During probate, there is a proving of the will. The probate court examines the will to determine its validity, and if anyone wanted to contest the will, an argument could be presented before the court.
A complicated case can be stalled in probate for a considerable period of time, and no inheritances could be distributed during the process.
On the other hand, if you work with a licensed estate planning attorney to draw up your last will, you can be sure that the document will be properly constructed with the expectations of the probate court in mind. Plus, you can take things a step further.
The person who administers your estate is called the executor or personal representative. You name an executor when you create your last will. Your executor may be someone that you completely trust, but he or she may not be familiar with the probate process.
To address this, you could speak with your estate planning attorney when you are creating your will. You could arrange for your estate planning attorney to act as the probate lawyer after you are gone. If you take this step, your executor will have legal guidance every step of the way, and the probate process should run smoothly.
Free Probate Report
Our firm has prepared an in-depth special report that takes a totally objective look at the probate process. This report will debunk some myths, and it is being offered free of charge right now.
To obtain access to your copy of the special report, visit this page and follow the simple instructions: Free Report on the Probate Process.
Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.