When Is Probate Necessary?

The probate process is designed to address your real estate, savings, and other assets and possessions at the time of your passing. However, probate can be bypassed if you co-own property with someone else, such as your spouse. In such cases, marital property ownership remains with your spouse after your passing.

You can also avoid probate by transferring your assets into a trust. This estate planning tool enables your possessions to be distributed in accordance with the trust document rather than through probate.

Our team can offer valuable guidance on how to minimize or avoid probate when planning your estate. Nevertheless, if probate is still necessary, our attorneys can streamline the process for your family's convenience.

Although each case is unique, probate generally follows a standard process.

Step 1: Inventory of Estate Assets

The initial probate step involves the personal representative, as indicated in the will, seeking approval from the court. Following court approval, the personal representative must document all assets designated for distribution to heirs. This step provides family members and creditors with an inventory of the deceased's property and any outstanding debts.

Step 2: Will Administration

The subsequent stage for the personal representative involves administering the will. This encompasses submitting the will to probate court, notifying creditors and heirs, and addressing any challenges. Additionally, it entails settling the deceased person's debts in compliance with legal requirements and determining asset distribution.

Administering a will involves numerous specific tasks, necessitating consultation with our knowledgeable attorneys to ensure all requirements are met. Our legal team can also help you prepare for this aspect of the probate process, making it as seamless as possible when the time arrives.

Step 3: Asset Distribution and Probate Conclusion

The final phase of probate involves asset distribution and discharge, wherein the personal representative allocates possessions to the rightful heirs. Once completed, the probate process concludes with a discharge.