Probate

If a loved one passes without the proper legal documentation, their estate may undergo probate.  Probate is a court-supervised process where the Last Will and Testament of the deceased is authenticated.  Once in probate, the estate and all assets are located and appraised.  When the value of the estate is known, all final debts are paid, including taxes.  The remaining assets are then distributed to the rightful beneficiaries per the terms of the Last Will and Testament.

Probate can be a long and complex process, made more difficult by any conflicts that arise.  For example, if your loved one does not have a will, or if someone contests the existing will, the probate court will take control.  They will hear arguments from all individuals laying claim to your assets and, based on the facts presented, they will award assets as they see fit.  Depending on the size and complexity of your estate, this process can take months to years to complete.  And sometimes, the outcome may not be favorable for your true beneficiaries.

The probate process is complicated, and the difficulties are compounded by the fact that you will have just lost your loved one.  You may be grieving, in mourning or even in a state of shock.  But the probate court will not wait.  They will move your loved one’s estate into probate quickly and begin the process of evaluating and distributing the estate.  Let MMZ Law represent you!