Probate And Settling An Estate
To the general public, probate law is a subject shrouded in mystery. For many of us, the only time we have even heard the term probate is when an estate planning attorney is suggesting that we should try to avoid it. For some of us, the first time we have ever heard of probate is after a loved one has passed away, and we are forced to reckon with it.
In fact, probate is nothing to be afraid of. With help from a good attorney, you can manage probate issues and honor the wishes of your loved ones.
As probate and estate administration lawyers in Cartersville, Georgia, our goal is to help people through what can be a time-consuming process, such as filing paperwork, meeting deadlines and resolving issues when they arise.
What Is Probate?
Probate is the legal process that governs the transfer of property after a person’s death. The process is overseen by a probate court.
If the person left no will, the probate court must handle the process itself, distributing the estate to heirs according to predetermined guidelines under state law. This is a time-consuming, costly process, and those costs come out of the estate, leaving less to be distributed amongst the heirs.
If the person left a valid estate plan, the will appoints an executor or personal representative to be in charge of administering the estate. This can include settling accounts, tracking down heirs, paying taxes and other paperwork.
The Probate Process Is Easier With A Will
A will significantly simplifies the probate process. A will is a well-defined legal document that specifies the intentions of the deceased for the distribution of their assets. When a valid will is in place, the executor or personal representative is responsible for administering the estate. Due to the law and life in general being ever changing, you need to have your will reviewed every two to five years.
When there is a will, the probate court’s role is to ensure that the will is valid and that the executor carries out the wishes of the deceased as expressed in the will. This can reduce the time, cost and potential conflicts that might arise if the estate were to be distributed without a will, making the process less stressful for the heirs.
Our firm is here to assist executors and heirs through the probate process. We ensure all legal requirements are met in a timely and efficient manner, helping you minimize stress and complications for your family.
The Role Of Trusts In The Probate Process
Trusts can potentially help heirs avoid the probate process altogether. Unlike a will, which requires probate to validate and execute, a trust can bypass probate because the assets placed in a trust are technically owned by the trust itself, not the individual who passed away.
This means that upon the individual’s death, the assets can be transferred directly to the beneficiaries according to the terms of the trust, without court intervention. Trusts can also be helpful in maintaining privacy, as probate proceedings are public records, whereas trust distributions are not. They also provide more control over how and when beneficiaries receive their inheritance, offering a strategic tool in estate planning.
Our firm can guide you in setting up trusts tailored to your needs. If the trust is already established, our firm is equipped to assist beneficiaries with the transfer of assets, ensuring that the process aligns with the trust’s terms and happens smoothly and efficiently.
How We Can Help
We help executors and other clients with a variety of issues in probate and estate administration, including filing paperwork, paying taxes, resolving disputes over inheritance rights and more.
If you are facing issues in probate and estate administration, you don’t have to face them alone. Call the Blalock & Everhardt Law Firm at 678-322-7426. You can also contact our office by email.