Overseeing the final affairs of a loved one can be an unpleasant experience for anyone to go through. For those that have limited experience with this task, it is important to note that it will likely be necessary for the will to be processed by the probate court. For those that have never been through this process, it can be easy to be intimidated, but learning the answers to a couple of fairly common questions may help to provide you with a more thorough understanding about this part of the process.
What Is The Purpose Of Probate Court?
While probate court can seem like an inconvenience, it is necessary for validating the deceased's will. This will typically involve verifying that the loved one is actually deceased, that the will was appropriately filed and any other legal issues before the assets of the deceased are distributed to the survivors.
How Long Will This Process Take?
Unfortunately, the amount of time needed for probate court can vary based on the complexity of the deceased's estate and the caseload of the court. Some individuals may find that their case is able to pass through the probate process fairly quickly, but others may find that it can take several weeks to a couple of months before the court will finish. The amount of time needed for this task can be extended in the event that you make filing errors during this process. To help ensure this part of the process goes as quickly and smoothly as possible, it may be wise to retain the services of a probate lawyer as these professionals will be intimately familiar with the requirements of the court.
Is It Possible To Avoid Probate Court?
Not surprisingly, there are many people that will want to pare their loved ones from having to go through this lengthy and complicated process. Fortunately, there are steps that can be taken to help your loved ones bypass the probate process. This is done through the formation of a living trust. A trust is considered a separate legal entity, which will allow you to retain control over your assets while you are alive. After your death, the trust will be able to distribute your assets according to your wishes without needing to involve the courts. However, the process of forming a trust can be highly complicated, which may require hiring a probate attorney. While this will require you to pay the attorney and filing fees, this can be a small price to pay for helping your loved ones avoid this unpleasant process. Visit http://www.davis2.com/ for more information.