Understanding the Work of Probate Lawyers

by | Oct 14, 2024 | Lawyers & Law Firms

Probate refers to the process that determines if a will is valid or not. It also involves the appointment of an executor to ensure the assets are distributed to the right beneficiaries, according to to the American Bar Association. It’s essentially a set of instructions, compliant with state rules, that guides the transfer of an estate.

Probating an Estate

While there are differences in the way probate works in every state, the basics remain the same. When someone with a will passes away, the executor of the will is required to file papers with the local probate court. In the absence of a will, though, the court will have to appoint someone to execute the will. Probating an estate often involves tedious work with a ton of paperwork. You’ll need to hire a credible and experienced probate Lawyer in Miami FL to help you through the process.

Execution of the Will

Once the will is recognized as valid, and the executor is approved, the executor must determine all the assets of the decedent. This is especially challenging if the deceased left no details regarding any bonds or stocks owned, bank accounts or insurance policies. Once that’s done, debts are paid, beneficiaries are found and assets are distributed. Creditors of the deceased are also notified at this time.

Getting Help

If you’re appointed the executor of the will, the help of a lawyer will prove invaluable. From dealing with creditors to ensuring that the will satisfies state-specific rules and regulations, going at this on your own can be overwhelming. Also, the probate process can take time, and you’ll need all the help you can get to ensure the results are favorable to you. That’s why hiring a lawyer to help you go through the probate process matters. With legal help, you can ensure the wishes in the will of your deceased loved one are duly met.

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