After a person dies, legal professionals review the validity of their will and begin administering the estate. In many states, the legal process known as probate takes place, and for most, it's best to avoid protracted probate processes.
If a person passes away with a will recognized by the court, probate is relatively straightforward. However, probate can take much longer and be more complicated if the decedent leaves no estate plan. Probate processes can take months or years. The longer the probate lasts, the more legal fees the estate incurs.
Heirs can also lose the intended value of an inheritance if the court does not have a legal will to use as a guide. In these cases, court officials look to the jurisdiction’s intestate succession laws. Sometimes, an estranged spouse or long-lost relative receives the legal entitlement to an inheritance in a manner that goes against the decedent’s wishes. Court-appointed officials have no insight into family history or dynamics and can only make decisions based on the law.
Probate gives individuals opportunities to contest a will. If the process continues for months or more, there is a greater chance that someone will come forward to contest the will, further extending probate processes. Any person concerned about the validity of their estate plan should discuss the matter with a knowledgeable attorney.
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After a person dies, legal professionals review the validity
of their will and begin administering the estate. In many
states, the legal process known as probate takes place,
and for most, it's best to avoid protracted probate
processes.
If a person passes away with a will recognized by the
court, probate is relatively straightforward. However,
probate can take much longer and be more complicated if
the decedent leaves no estate plan. Probate processes
can take months or years. The longer the probate lasts,
the more legal fees the estate incurs.
3. 3
Heirs can also lose the intended value of an inheritance if
the court does not have a legal will to use as a guide. In
these cases, court officials look to the jurisdiction’s
intestate succession laws. Sometimes, an estranged
spouse or long-lost relative receives the legal entitlement
to an inheritance in a manner that goes against the
decedent’s wishes. Court-appointed officials have no
insight into family history or dynamics and can only make
decisions based on the law.
Probate gives individuals opportunities to contest a will. If
the process continues for months or more, there is a
greater chance that someone will come forward to contest
the will, further extending probate processes. Any person
concerned about the validity of their estate plan should
discuss the matter with a knowledgeable attorney.
