When it comes to probate court (the validation of the deceased’s will or personal belongings), you need to know what steps you can take as well as how the entire system works. Even with the current pandemic of COVID-19, probate court is running rampant as we lose our loved ones to the virus, and we understand that while these are hard times, it still needs to be done to ensure that your loved one’s belongings go where they’re supposed to.
This can be liquidation of assets, debts, and even more importantly, property to the family members that they were designated to. We’re going to give you a guide to probate laws, and help you throughout the entire process in a summarized method to better help you.
When Probate is the Right Way to Go
Usually, when someone writes out their will, they need to hire probate lawyers who will take charge of everything upon their passing. Usually, the person who does this will have up to 30 days to file the proper probate document and will to the local probate court. While many cases may be resolved by going directly to the city court, there are some instances (primarily in rural settings) where the executor will have to present all of the documentation to the proper county instead of the local town. If the passing person ended up not having a will, the court will hire someone to take over the entire process.
Who Is the Normal Executor?
Normally, and in most cases, the role of executor will be placed on the deceased’s next of kin – whether it be a spouse, closest brother, sister, or their eldest child. If one of the next of kin is appointed by the court system, they can always say no. If they do, then the court will have to hire someone else – the downside to this, is that it can cause even more delays and make the entire process take much longer.
Will Validation Is the Next Step
After the executive administrator of the probate process is appointed, most states in the U.S. make the executory file almost immediately after the death of their loved one. They’ll have to produce the death certificate in most cases at the same time of starting the probate process. In order to make sure that the will states everything and that there is nothing forged, there are normally numerous letters of authority that have to be sent throughout the family members, and all of them have to be signed.
How to Identify Belongings and Assets
After the entire case begins, the administrator has to then go through everything that is listed in the will as an asset (if there is one) and has to also figure out and document the value of every asset possible. This doesn’t apply to just personal belongings either – it also applies to the financial accounts, insurance claims and policies, their income tax receipts and more. Most states also enforce validation of all of these assets to show proof that they are what they say they are, and that they’re worth that much. It also includes getting ahold of creditors and debt collectors and often means that debts have to be paid as well. Only after everything has been done on the financial side of things can the property be distributed as it needs to be.
Conclusion
If you need any help, finding the right probate attorney or probate firm can definitely help you get the job done right with as little hassle as possible. When a loved one passes away, it’s also important to hire a financial advisor in most cases. This will ensure that you partake this process because it can help you (the family) get more.
