The probate process can be a complicated court process that takes place at a very difficult time. The probate process is the formal, official legal process by which most assets are transferred to new owners. When someone passes away, the probate process is usually necessary unless the estate is a small one or unless probate avoidance plans have been made.
The probate process can take a long time and can be costly, so it is important that all those who could be affected by the process understand what is involved in going to court to facilitate the transfer of assets. It is also important that all those who are involved have the right legal advice so they can fulfill their obligations and protect their legal interests.
Zimmer Law Firm has guided many individuals and families throughout the probate process. Our legal team represents you no matter what your role is in the process, as we have experience representing heirs or beneficiaries and the executor of an estate, and those who want to contest a will. To find out more about the ways in which our legal team can assist you during the probate process, give us a call at 513-721-1513 today. You can also review answers to questions you may have about the probate process as we have provided answers to frequently asked questions here.
How do wills and probate laws affect families waiting for an inheritance?
When an estate must be probated, the probate process could take around a year or longer and the costs could equal a substantial percentage of the total value of the estate. Because of the high costs and the long wait, the probate process can affect families waiting for an inheritance in many undesirable ways.
Family members may find it stressful to go to court as they cope with the grief of a loved one. They may be concerned the executor of an estate is not fulfilling his obligations to keep property safe and transfer it quickly to new owners. They may also be in financial trouble if they were dependent upon the income of the deceased and they cannot access estate assets because the estate is tied up in the probate process.
Many people will choose to make a comprehensive estate plan to avoid the probate process so their families are able to inherit more quickly without the costs, stress and delays that are associated with probate. Zimmer Law Firm can help.
Does a will have to be probated?
After a death when the deceased left a will, it is common to question whether a will must be probated or not. In most cases, the probate process is necessary. However, the full probate process may not need to take place if the estate meets certain conditions. An estate can be released from administration if the value of the assets is low and/or if certain other conditions are m. For example, the full probate process is not necessary if the value of all of the estate assets is $35,000 or less.
If the value of the assets in the estate are $100,000 or less, the assets were left to a surviving spouse and the deceased left instructions, the estate can be released from administration so the full probate process isn’t needed. Finally, if the deceased is survived by a spouse, there’s no will and intestacy law says the surviving spouse should inherit everything, the estate can be released from administration provided the deceased person’s assets were valued at $100,000 or less.
Why would you want to keep your family out of probate court?
You may wish to take steps to try to keep your family out of probate court so they can inherit more quickly, avoid the information about their inheritance becoming public record, and keep more of the assets that the deceased has left behind, rather than having to lose a substantial portion of their inheritance to the high costs of probate. Zimmer Law Firm can help you to find other ways to transfer you assets, such as pay-on-death accounts, the use of joint ownership and the creation of different types of trusts.
How long does the will probate process take?
After someone has passed away, when you are expecting an inheritance, you need to understand that the will probate process can take a long time. The specific length of time that the process is going to take will vary depending upon a wide variety of different factors, including the complexity of the transfer of assets, the value of the estate, and whether there are any problems like someone contesting a will.
Typically, the probate process will take around a year, but it could take much longer and it can sometimes be a little shorter if everything goes correctly. Zimmer Law Firm will help you to ensure that you do everything possible to move the process forward as quickly as possible if you have been named executor of an estate or if your loved one has passed away.
What are the duties of an executor?
The executor of an estate is the individual with the most responsibility during the probate process. The executor of an estate has an obligation to file court paperwork and to take care of many different executor duties during the probate process including providing notice of the probate process to heirs or beneficiaries, taking care of estate assets, and facilitating the transfer of the ownership of assets to the new owners of the property as determined by the last will and testament. Because an executor has many complicated, technical responsibilities during the probate process, it is a good idea for the executor of an estate to be represented by an experienced probate lawyer at Zimmer Law Firm.
Should you hire a probate lawyer?
If you are involved in the probate process in any way, as an executor of an estate, as one of the heirs or beneficiaries, or as someone who wishes to contest a will, you should talk with a probate lawyer at Zimmer Law Firm. Our firm will guide you through every step of the probate process so you can honor the wishes of the deceased, protect an inheritance, and fulfill your obligations. Give us a call today to find out more.