When a person passes away, the process of dividing up his or her possessions is known as probate. It is the legal proceedings that occur to make sure that all of his or her debts are paid and everything else is distributed to any family and friends as requested by the person if they have a will. If they don’t, it changes everything. Here are some common questions that you may have about probate matter law.

What happens when there is a will?

Once a person passes away with a will, a hearing will be held in order to go over it. During this time, it is determined whether or not the will was executed properly. Then, the executor will get a Letter of Testamentary, which allows him or her to start to follow the wishes of the deceased person.

At this time, everything that the deceased person owns is inventoried. This includes any properties. However, all debts must be paid before any of the assets are divided up according to the will.

What happens if there is no will?

If the deceased person didn’t have a will, an executor will have to handle the whole probate process. However, they need the court’s approval to do anything.

So, the executor and court will pay off any debts owed and divide everything else how they see fit.

Can you challenge the probate if there is no will?

If you feel like your loved one would have given you something in their will, you may challenge it. The courts will hear your case to decide if you deserve the assets that you are trying to get.

How long will probate take?

Many times, settling an estate can take a few months or even a year to get everything squared away.

Probate can be a challenging subject, especially when there is no will. However, by having an experienced law firm like The Slaughter Law Firm, P.C. by your side, you can ensure that you get everything that you deserve. You also need one to design your own will to make sure that your last wishes are followed through.