Many people are unfamiliar with probate court unless they’ve dealt with a loved one’s death. Probate court is when the court supervises a deceased individual’s estate. This can happen because the individual didn’t have a will or because the heirs are fighting over the disposal of the assets. Whatever the case may be, a Probate Lawyer in Shelton Wa can help to make this process go smoother.
It’s difficult enough losing a loved one. If they don’t have a will and have a lot of debt or assets, surviving family members can start fighting over their things and cause a huge problem. The court can decide who is rightfully entitled to the property of their loved one.
Another reason probate court is used is that it gives the deceased individual’s personal representative the ability to take possession of the estate.
Things To Keep In Mind
If an individual’s estate is less than $100,000 and doesn’t contain real estate, it will not have to go through a probate court. If no probate has started, vehicles can be transferred with an affidavit of inheritance. If the individuals own real estate, a probate case must be established to sell the real estate and a filing fee must be paid.
It is very helpful when the deceased individual has a will naming an executor and allows for non-intervention powers. In this situation, the personal representative can liquidate the estate and divide the assets according to the will and eliminates family members from challenging the will who weren’t named as an heir.
Starting The Probate Process
When a Probate Lawyer in Shelton Wa is hired, this can eliminate a lot of the stress and strain on the personal representative. They can file the necessary paperwork with the court and help them through this difficult process. Failing to file the correct paperwork with the court can cause others challenging the will. For example, all the heirs must be named on the probate paperwork and not just in the will.
Proceeds from a life insurance or a retirement account can be disbursed without going through probate. With the help of a probate lawyer, nothing will be overlooked, and the estate can be disbursed in a faster manner.
