The probate process is relatively unfamiliar to most people, and this may leave them worried about whether the process will be bad to deal with. Probate law is an essential part of settling every person's affairs when they pass. Most of the time, probate proceedings are pro forma happenings that ensure the law protects everyone's rights while also observing the wishes of the deceased. If you're concerned that there might be a problem, it's a good idea to learn about the process and how it might unfold.
Purpose
Probate courts exist in every county of the country. They serve the purpose of verifying that all estate proceedings are conducted justly and competently. A judge will preside over the process to ensure that everything is in order. If the deceased left a will, the court will confirm its veracity and see that the estate's administration faithfully executes it.
Paperwork
Normally, the process boils down to paperwork. Many executors and administrators will contact a probate law office simply to have help parsing the court's instructions and questions. Likewise, an attorney can help them file the correct paperwork for each part of the process.
Beneficiary's Questions
Sometimes a beneficiary will have questions about the documents governing the estate or its execution. If you believe the court should address a problem, this is the time to bring it to a judge's attention. For example, a person might question whether the current will reflects the most recent last testament of the deceased. This could be due to clerical issues involving the documents or it could be because of fraud.
Clarification
Try as people might, it's not always possible to provide the clearest will possible. If there are ambiguous terms in a will or unaddressed issues, the court may need to clarify the issue. Beneficiaries and executors can ask the court to weigh in if something is unclear. A probate law judge will then rule on how to execute the will.
Administration
If someone dies without a will, the court will need to set up an administration for the estate. The judge will appoint an administrator who'll serve the same role as the executor.
Likewise, the court will try to discern the last wishes of the deceased as much as possible. The administrator will try to settle the estate as fairly as possible based on the state's laws. If the deceased had any outstanding debts, the administrator will settle these. They will then liquidate the estate's remaining assets or divide them among the heirs.
Contact a local probate law office to learn more.
