According to Forbes, only 2% of Americans know how long probate can take, which is approximately 20 months. Too many Americans are unaware of the process and what it entails—families who do not have probate prepared risk having their inheritances jeopardised.

Chandler probate attorney C. David Martinez defines the process as a legal proceeding which family members often have to deal with after losing a loved one. A deceased loved one may have left a will or no estate plan at all. The purpose is to settle a deceased person’s estate.

Let’s explore how a probate lawyer can help protect your interests and give you peace of mind after losing your loved one.

The Basics of Probate

It is the legal process of administering the estate of a deceased person. It resolves any outstanding debts and distributes their assets under the supervision of the court.

According to Barry Law Group, the process can be very complicated. A probate is typically initiated by filing a Petition for Probate with the probate court. The Petition for Probate asks that the Court appoint a personal representative, called an executor or administrator, to preside over the estate and its administration.

The executor will identify and inventory the deceased person’s assets, inform creditors, pay debts and taxes, and distribute the remaining assets to the beneficiaries as outlined in the will or as determined by state law if there’s no will.

 Common Probate Challenges

It is usual for challenges to manifest during the process. Conflicts among family members over the distribution of assets or the validity can prolong the delays and increase emotional stress.

Tracking down all assets, including real estate, investments, and personal belongings, and determining their exact value can be time-consuming, making it even more difficult if the deceased did not keep detailed records of their assets.

Benefits of Hiring a Lawyer

Consult the help and guidance of a lawyer throughout the entire process.  Lawyers can assist in resolving disputes that may arise among beneficiaries. Their assistance can speed up the process and save you from expensive and time-consuming legal battles.

How Lawyers Handle Probate Court

A probate lawyer will assist you in preparing and filing all the necessary documents required by the court, including petitions, inventories, and accounting statements. The lawyer will represent you in court hearings and handle all communications with the court, creditors, and other parties involved.

Maximizing Legal Protection

A knowledgeable probate lawyer guarantees maximum legal protection during the process.  Your lawyer can guide estate planning strategies to optimize the value of the distributed estate. This may include setting up trusts, establishing powers of attorney, or creating a will honouring your wishes.

Conclusion

Hiring a lawyer can make the complex process much smoother. He can guide you through the legal system, protect your rights, and prevent incorrect handling and missing out on deadlines.

Don’t be afraid to seek professional assistance to guarantee the proper and efficient execution of your loved one’s wishes.