Thoughtful estate planning can help you minimize or avoid probate, but sometimes it becomes necessary even though it carries the stigma of having a bad reputation. In reality, most heirs will have to navigate the probate process to some degree after losing a loved one. Understanding what probate is in conjunction with careful estate planning […]
Understanding the Probate Process Probate is the legal process that formally recognizes a will, appoints or validates a personal representative (executor), and ensures that an estate is properly settled. This includes paying outstanding debts, filing federal and state taxes, and distributing assets to the beneficiaries named in the will. Each state has its own rules
What happens if your loved one dies without making a will, known as intestate? According to your state’s intestacy laws, a probate court will oversee the distribution process of the decedent’s property. Also known as intestate succession, it has similarities to the probate process when a will is present. Still, the terms are not interchangeable—any
Understanding the Probate Process and How to Minimize It Most estate planning attorneys aim to help you create an estate plan that avoids or reduces probate as much as possible. Probate can be time-consuming, expensive, and is part of the public record. Still, in most cases, some level of probate is required, so it’s important
Learning How to Settle an Estate can be challenging to navigate. Whether you need to identify someone to be your estate’s representative (executor) or you are the chosen representative of an estate and accept the responsibility, there are certain criteria to think through — the complexity of the task and the order in which to