Estate Settlement
How to Settle an Estate?
Dealing with estates after death can be one of the more complicated aspects of the death of a family member. This doesn't have to be the case if proper preparation of all estate documents took place prior to the death. If you have the services of an experienced estate lawyer at your disposal, this can relieve some of the worry and strife and they can better instruct you on how to settle an estate.
What is Probate?
Probate: the official proving of a will. The probate process is intended to establish the legal validity of a will but it involves much more than merely confirming that the signed, witnessed, and registered copy of a will is authentic.
The Probate Process
In addition to proving in a court of law that the deceased's will is valid, probate also includes:
- identifying and inventorying the deceased's personal and real property
- having the property appraised
- paying debts and taxes
- distributing the remaining property as the will (or if there is no will, then state law) directs
What Happens When There is No Will
When someone dies without leaving a dated, signed and properly witnessed will, a court decides who should receive the deceased's assets. The state will award property and cash to the heirs based solely on their legal relationship to the deceased. This is called dying 'intestate'. Generally only spouses, common-law spouses, and blood relatives inherit the deceased's estate under intestate succession laws. Dying without a will can create legal problems and sometimes strife in the family.
If you don't have your own will, this may be a good time to consider pre-planning your funeral and estate. When you have a will you're taking care of things ahead of time and making sure your wishes are carried out the way you want. When you leave documents that clearly state who you wish to get your property and cash after you die, you better support your heirs in coming to terms with your death without leaving them with a lot of unnecessary distress and sometimes even strife in the family.
Hiring an Attorney
Losing a loved one can be an overwhelming experience and when you add in settling the estate, the months following a death can be much more than you bargained for. That's when it might be advantageous to hire an attorney.
When faced with this situation, it's best to turn to the experts in estate settlement. Check our legal advice page for more instructions and suggestions on how to find the right attorney for you.
