Probate Matter Law: Questions and Answers

When an individual passes away, the legal process of dividing their possessions is referred to as probate. It involves ensuring all debts are settled and assets are distributed according to the deceased’s wishes, as outlined in their will, if one exists. If there is no will, the process is altered. Here are some common inquiries regarding probate law:

What occurs with a will?

Upon the death of an individual with a will, a hearing is conducted to review its validity. If deemed proper, the executor is granted a Letter of Testamentary, enabling them to execute the deceased’s wishes. All assets, including properties, are inventoried, with debts settled before distribution according to the will.

What happens in the absence of a will?

In the absence of a will, an executor oversees the probate process but requires court approval for actions. Debts are settled, and assets are distributed at the discretion of the executor and court.

Is it possible to contest probate without a will?

If you believe you’re entitled to assets that weren’t allocated to you, you may contest the probate. The courts will evaluate your case to determine your entitlement.

How long does probate typically take?

Probate proceedings can take several months to a year to finalize, depending on the complexity of the estate.

Navigating probate, particularly without a will, can be complex. With the guidance of an experienced law firm like The Slaughter Law Firm, P.C., individuals can ensure they receive their rightful inheritance. Additionally, having a will drafted by professionals ensures one’s final wishes are executed as intended. Contact us today!