Understanding Probate Procedures
The death of a loved one is an emotional time. In addition to the personal loss, family members of the deceased typically must deal with that individual's estate. The reality is that probate procedures oftentimes can be quite complex. As a consequence, a person faced with estate and probate issues is wise to consult with an experienced probate attorney.
A Will and Probate Procedures
If the person who passed has left a will, probate procedures may not be as complicated as is the case in the absence of a will. The will sets forth the manner in which the deceased individual's property is to be distributed. The will also nominates an individual to serve as the executor of the estate (subject to court approval). The executor oversees the affairs of the estate, under the supervision of the court.
Estates Lacking a Will
If there is no will, probate procedures associated with the estate will be more complicated. State law governs how any property left by the person who died is distributed. The court will appoint an individual to oversee the affairs of the estate.
Challenges to an Estate
In some cases, an individual will challenge the authenticity of a will. If that occurs, probate procedures require that the contentions being made regarding the will be brought into court for a determination. For example, a relative of the person who died may contend that the deceased was not competent at the time that he or she executed (or signed) the will. If that person is determined to not have been competent, the court will throw out the will.
Retaining a Probate Attorney
Even when an estate may seem simple on the surface, it is wise to consult with a qualified, experienced probate attorney. Navigating a complicated or complex probate case nearly always can only be accomplished with the professional assistance of a skilled probate lawyer.
