What Does It Mean to Probate a Will?
After someone passes away, it becomes necessary to probate will. Many people have heard of the concept of probate, but are not sure exactly what this process entails. It’s important to understand how probate works if your loved one has passed on and you are involved in the transfer of his or her assets. It can also be important for those who are making plans for the future to understand what the probate process entails because they may decide they want to take steps to help their loved ones avoid probate.
Zimmer Law Firm can provide comprehensive assistance to those who are going through probate, as well as to people who want to understand what probate is and whether probate avoidance measures should be put into place. Our experienced Cincinnati probate lawyers understand the ins-and-outs of the probate process in Ohio and will work to make this process as easy and quick as possible for you. Just give us a call today to find out more.
What Does it Mean to Probate a Will?
The process of probating a will means going to court in order to determine if the last will and testament is valid, and then going through the probate process so assets are distributed in according to the wishes of the deceased as expressed in the last will and testament.
The executor of an estate named in the will or another trusted person will need to initiate probate proceedings in court after a death and will need to provide the will in order to be probated. The court will officially appoint an executor or an estate administrator if the deceased didn’t name an executor or if the chosen executor named in the will doesn’t want to take on the responsibility.
Heirs or beneficiaries and other interested parties will be provided with notice of the legal proceedings and creditors will have a chance to make claims on the estate. The executor of an estate or estate representative will be in charge during this time of managing the estate assets, making a complete accounting of the estate assets, and moving the probate proceedings along.
An opportunity will be provided for those with standing to challenge the validity of the last will and testament if they believe that it is not an accurate reflection of the wishes of the deceased. The court will determine if the will is valid and should be probated or not.
If the will is considered to be valid, then steps will be taken to facilitate the transfer of money and property in accordance with the instructions that were provided by the deceased in the will. The executor of an estate will be responsible for overseeing this process, as well as for paying any taxes and complying with tax requirements. The process will involve taking steps such as changing titles or deeds.
The probate process is important to ensure that the will is valid and that assets are distributed in accordance with its instructions. However, it is a time consuming and expensive process many people would prefer to avoid.
Getting Help from Cincinnati Probate Lawyers
If you do not want your loved ones to have to go through the probate process, it can make sense to create an estate plan that allows assets to pass using other tools, such as allowing assets to pass through the trust administration process or by using pay on death accounts. Zimmer Law Firm will help you to understand the benefits of probate avoidance and will provide assistance putting tools in place so your money and property can transfer more quickly, cost-effectively, and privately to your family.
We can also make the probate process easier for those going through it, whether you are the executor of an estate, one of the potential heirs or beneficiaries, or someone who wishes to contest a will because it is not an accurate reflection of the wishes of the deceased. To find out more about the ways in which our firm can help you with all aspects of the probate process, join us for a free seminar. You can also give us a call at 513-721-1513 to learn more about the ways in which we can help you.