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What Is Probate Law And Why You Do Not Need One To File Probate?

It can be very difficult to cope with the death of a close friend or family member. After a loved one’s death, there are many emotions and memories to deal with. The stress of probate is something that no one wants to experience in the middle of all this. A probate lawyer may be able to simplify the process in certain cases. Some people take great care of their lives and plan for what happens after they die. What is a probate attorney?

All human beings will eventually die; this is a debt that we all must pay. While some people don’t care what happens to them after they die, others want to plan their estate so that their final wishes can be fulfilled. These people may choose to have a probate attorney who will play a crucial role in the estate administration process.

It is difficult to distribute assets. It involves the transfer of property and all legal procedures must follow. You are probably curious to learn more about probate lawyers, what they do, how it is done, and to whom they sell their services. 

Learn The Basic Terms Of Probate

Before we get into the details let’s review some key terms that will make this article compelling.

Probate: Probate examines a will to determine if it is valid or not. Probate may also refer to the administration of a will of a deceased individual or an estate of someone who has no will.

Testator: A testator is simply an individual who has made or given a will.

A Will Is A Legally Binding Document. It grants the testator the power to manage an estate and oversee the distribution of beneficiaries. This document is considered to be proof that the testator wishes to be followed after their death.

Estate: An estate is the property and money of an individual upon his or her death.

Executor: An executor refers to any person who is charged with granting the wishes of the deceased regarding the administration and distribution of their estate. To assist in administering estates, an executor must be appointed by the deceased person in advance.

Fiduciary: This term refers to the relationship that exists between a trustee, and a beneficiary, of an estate.

Intestate: This term refers to an individual who, on the day of death, has neither a will nor a trust in writing.

Renunciation: A renunciation is an act of dissolution of the rights of an individual to manage the estate of a deceased relative.

Administrator: An administrator is someone who manages and oversees an estate after a person dies. To become the estate administrator, the relative must first get renunciations from other survivors.

Why Do You Need A Lawyer For Probate?

The size of your estate will determine whether or not you require a probate attorney. It may also depend on how large your family intends to share your property at your death. Consider these factors when deciding whether you have legal claims to have a probate attorney handle your estate’s legal affairs. These factors will help you tick or uncheck some boxes depending on the situation.

  • Your state probate process
  • What is the value of your estate?
  • Types of property in your estate, including retirement accounts and life insurance policies
  • Is your estate transferable without probate?
  • Are your beneficiaries united?
  • Do you pay estate taxes?

These questions and the answers you give to them will help you decide if you should hire a probate attorney. A will is another factor you should consider. Probate lawyers are available in both cases.

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