Protecting your rights and estate
Well, that is all the probate process is. It is putting in place a plan for our families, children, grandchildren, nieces, nephews, spouses and friends that the courts will ensure is executed per our instructions. This is known as the Last Will and Testament. It gives us power to speak beyond the grave for the benefit of our families. The probate process gets the court involved to ensure that our wishes are carried out just the way we want, even in our physical absence.
What if there is no Last Will and Testament to probate? That means the court will decide what happens to your assets and can determine who gets what, even if it goes against your wishes because if we die without a Will the court will have no independent idea of what we want. The court will also decide who gets to manage your estate.
Additional Information
The Probate process can be simply or complicated depending on the estate and the beneficiaries. When a person dies, the Will, if one exists, will dictate who the living relatives are and who gets to manage the estate. The Will must be filed with the Surrogate’s Court and approved for probate. The probate process will determine the validity of the Will. If valid, an executor will be appointed to carry out the wishes of the deceased. If there is no Will, then an administration process will be necessary. If an estate is less than $50,000, a small or Voluntary Administration proceeding can be filed.
PROBATE
What is probate?
Probate is the legal process of administering a deceased person's estate, which includes validating their will, inventorying their assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.
How long does probate take?
The duration of probate can vary, but it typically takes between six months to a year, depending on the complexity of the estate and any potential disputes.
Does all estate have to go through probate?
Not all estates require probate. Small estates or those with assets held in joint tenancy or in a trust may avoid probate.
The Legal Pathway to Settling Estates