Losing a loved one is an emotionally challenging experience. And perhaps especially when grief is fresh, dealing with legal and financial matters in the aftermath of a great loss can feel overwhelming.
Unfortunately, whether someone recently deceased left a will behind or not, navigating the probate process can be a complicated undertaking. Thankfully, a probate lawyer can provide meaningful guidance, helping families to effectively manage estate administration, resolve disputes and better ensure that the deceased’s assets are distributed according to the law.
When there is a will
If the deceased left a valid will, the probate process typically involves verifying its authenticity, settling outstanding debts and distributing assets as outlined in the document. Even with a will, probate is often necessary to ensure that all legal requirements are met and to transfer ownership of assets properly.
A probate lawyer can play a consequential role in assisting the executor of the will, the individual appointed to manage the estate. An attorney can help with:
- Filing the will with the probate court
- Identifying and valuing assets
- Paying outstanding debts and taxes
- Distributing property to beneficiaries
- Handling any legal challenges to the will
While a well-drafted will can simplify the process, disputes may still arise. Heirs might contest the validity of the will, or disagreements could emerge over how assets are divided. Having a skilled advocate in an executor’s corner can help to minimize these stresses.
When there is no will
If a person dies without a will, their estate is classified as intestate, meaning that state law determines how assets are distributed. In such cases, the probate court appoints an administrator to manage the estate, typically a surviving spouse or close family member. A probate lawyer can assist the administrator in ensuring the estate is handled properly under state intestacy laws.
Without a will, the court follows a legal formula to distribute assets, prioritizing spouses, children and other close relatives. However, this process can become complicated, especially in cases involving blended families, estranged relatives and/or significant assets. A probate attorney can help to ensure that all heirs receive their rightful inheritance and that the legal requirements of probate are met.
Ultimately, whether an estate is large or small, having legal representation can make a significant difference in how smoothly the probate process unfolds
