After the death of an adult, the bereaved dependents launch legal processes to lay claim to the departed person’s will or estate. This is one simple explanation of what is a will probate process for anyone who might be unsure of the right definition.
When the will is nonexistent, answers to questions such as can you probate without a will may arise and seem like a huge obstacle. As it is with most legal procedures, the experience tends to be long and stressful for most.
Procuring the services of probate attorneys should help ease the burden of loss and responsibility felt by the family. Attorneys will assist in identifying what goes to probate court based on your unique circumstances and the documents available.
It is prudent for one to consult an attorney to establish how do you find out the executor of an estate. Having a written or recorded will go a long way in securing an estate quickly and with fewer objections. Doing so sets up reliable security for your loved ones before time runs out.
Legal processes, no matter how simple and straightforward they may appear, usually have some degree of legal red tape that has been dealt with. Often times the amount of legal jargon, hoops. Forms, and requirements necessitates the need for an attorney to assist throughout the process. One option that might be available in some cases for simpler cases is something known as probate attorney consultation.
These can often come up when dealing with wills and figuring out final wishes for what to do with the assets of deceased person. Many times, probate legal services can give you advice and guidance but cannot actually get involved in the proceedings themselves. So, when you wonder can anyone get a copy of a will, can I go to probate court without a lawyer, and can I probate a will without a lawyer the answers will often be unique and determined on a case-by-case basis.
In almost any situation, you are better off working fully with a legal team that is experienced with wills and asset distribution and disputes. It will make the entire process easier in the long run and ensure things go according to the last wishes of the deceased as allowed by local laws and regulations.
Most people try to avoid any thoughts dealing with their passing as much as possible. However, ignoring this inevitable outcome could end up causing the individual, as well as their family, hardships. In order to effectively organize one’s affairs, hiring an estate planning attorney can make the process much quicker and easier.
However, without a well laid out estate plan, resolving the assets and wishes of the deceased can be an enormous burden on the individuals responsible for them. According to Lexis Nexis, About 55% of adults in the United States do not have a drafted will or estate plan in place. In these cases, a probate will be administered to resolve the distribution of the deceased’s assets.
These probate courts can be complex and time consuming, making hiring probate lawyers essential in resolving these matters. The Wisconsin State Bar estimates that a complicated or unclear will can require up to two years of probates to reach resolution. Even for simple wills without a full estate plan and probate lawyers, the process can take at least six months to complete.
Not only is the hassle that comes along with probates an impediment for the families taking care of them, but whatever court and lawyer fees accrued during the process are paid out of the leftover assets. In order to avoid the need for probate, other than drafting a detailed estate plan, is to grant a trusted individual power of attorney.
A person with power of attorney has the authority to make legal decisions for the estate owner either after death or if they become incapable of making decisions. They are well-versed in the agents wishes and can help resolve these issues without the need for a probate hearing or probate lawyers to be involved.
In order to alleviate the already grief stricken family members from having to decide on the distribution of an agent’s assets, having a solid estate could save them hassle as well as money. And with 41% of the baby boomer generation without wills, there will hopefully soon be a surge in estate plans and power of attorneys.