The probate process is a legal structure intended to ensure everyone's rights in an estate, including the will of the deceased, are protected. Probate is often a formality, but that doesn't mean you should take it lightly. Even a simple case may call for probate assistance. Let's look at why that is and whether you should request legal support.
Paperwork
In the strictest sense, every estate goes through the probate system. For the majority of these cases, the matter is pro forma. The court will review the paperwork, notify the public, and certify the process once it is done.
However, even the simplest cases involve paperwork. If a person named you an executor, for example, you may request probate process assistance so you can do the job. An attorney can help you with preparing and submitting the paperwork.
Locating and Notifying Beneficiaries
This is one of the major goals of the probate process. A court will want to see evidence that the estate has properly notified and located beneficiaries. If the estate can't locate specific folks, the judge will want to see documentation of a good-faith effort to do so.
On the opposite side of the ledger, some folks may need probate assistance if they believe they weren't properly notified. They may need to petition the court for consideration of their claim against the estate.
Answering a Judge's Questions
Judges frequently have questions about cases. Many of these are procedural, but they're still necessary. If the question is simple, they may ask for a note explaining what happened. For example, there might be a discrepancy between the expected amount of money spent on the administration of the estate versus what really was spent. It is wise to have probate process assistance so you can answer such questions clearly and without creating unnecessary legal headaches.
Setting Up Appeals and Suits
In the unlikely scenario that you expect to take more drastic action, you should use the probate process to set up your arguments. This means entering the arguments and supporting evidence into the record. Likewise, if you expect someone else will challenge the estate, you should use the time to support why you believe it was handled the right way.
Finalizing the Estate
Ultimately, the goal is to finalize the estate so everyone can move on from the legalities of dealing with a loved one's death. Beneficiaries, the executor, and the court all have to sign off on the case to finalize it.
For more information, contact a company like Law office of Janet Lund.
Share