The probate process is never the same. In fact, the probate process can be lengthy and confusing for those who haven’t navigated the process before. Losing a loved one can be a difficult transition. Not only do you have to deal with the emotional side, but you also have to take care of the financial side of the equation, which often includes executing an estate.
Probate is the process of gathering the assets of a deceased person and distributing them to either creditors, or inheritors, depending upon the estate. If the estate wasn’t properly planned, this can be an incredibly confusing process. It can always be beneficial to consult with a South Lake Tahoe Probate Lawyer before moving forward with the probate process.
Overview Of The Probate Process
As we mentioned above the probate process will be different depending on a variety of circumstances.
Some probates involve locating the Will and making a filing with the probate court. Once the Will has been accepted, the court appoints a personal representative. After that, all of the heirs need to be formally noticed in writing. They have the opportunity to review the Will and make any appropriate challenges or contests.
Once all the debts and taxes are paid, assets are distributed in accordance with the Will or intestacy. Some assets, like life insurance and retirement accounts, might not be affected by probate and pass directly to the named beneficiary.
Other kinds of assets, like those held in joint tenancy, will pass directly to the other joint tenant. All of these assets are counted as part of the estate for purposes of calculating whether taxes are due or regarded as part of any existing or future Medicaid applications.
Additionally, estates over a certain threshold have to be probated whether they are taxable or not.
If you find yourself in probate, we will guide you every step of the way, from lodging the Will and notifying heirs, to transferring assets to the intended beneficiaries.
Why Work With The Law Offices Of Tyler H. Fair?
Since the probate process can require complex financial proceedings and knowledge of tax law it’s recommended to seek the advice of legal counsel. When you work with the Law Offices of Tyler H. Fair for your probate proceedings you can ensure everything will be in order, and you won’t miss any crucial steps of the process.
The sometimes lengthy probate process can be very taxing, the emotional hardship of losing a loved one is hard enough, so it can be beneficial to work with a legal team you can trust. The Law Offices of Tyler H. Fair will ensure the entire probate process is taken care of effectively.
Do I Need To Hire A Probate Attorney?
No state requires you to hire a lawyer to help probate the estate. However, you can be held personally liable if something goes wrong. This can cause stress with your family, and cause the entire process to take much longer.
If the estate going through probate is very simple, and has incredibly detailed instructions, then it might be something you can handle on your own. However, if complications do arise it’s wise to seek the help of a qualified probate attorney.
If a loved one has recently passed away and you’d like a no cost, confidential consultation to discuss the next steps, please call our office at (530) 318-6044 to schedule a meeting, or send us an email.