Read on to discover the ins and outs of probate law and the importance of hiring a will attorney. 

Probate is the judicial process in which a previously made will is “proved” in the court of law and accepted as valid. This means that the court will verify that the details within the will are carrying out the deceased person’s desires. Grieving is hard enough in and of itself, but adding wills and probate law on top of it can add stress. Knowing information about wills & probate law ahead of time will keep you from getting caught by a surprise and will also alleviate stress during a hard time. Probate also takes place when there is no will for the deceased person. A probate court must decide how to distribute the assets of the deceased’s estate to their loved ones. Read on to discover more about how probate works & what probate court is. 

How Does Probate Work?

Although probate does have to deal with the decedent's assets, that is not all it entails. Probate lawyers and administrators must create a probate packet that has numerous important documents in it. Here are the general steps of the probate process: 

• Receiving the death certificate: This document is needed to obviously prove that the person is, in fact, dead.
• Petitioning the court to become executor: The executor of the will files for probate. The executor is responsible for choosing the correct probate procedure if the state offers more than one.
• Identifying decedent's assets: The executor is responsible for getting property appraised if it has not already been done. 
• Paying debts, taxes, or other unpaid expenses: If any creditors are still owed money from the estate, the estate must notify them of the descendant’s passing. For taxes, probate executors are responsible for paying any taxes that the decedent owed.
• Notifying beneficiaries and distributing assets: Once the above have been completed, the will attorney or probate executor must notify the beneficiaries of the will. Failure to do so will result in a lawsuit. 

What is Probate Court?

The probate court is a specific court where the will attorney or probate executor presents the official will to the judge for verification. If someone happens to testify in any part of the probate process, they will have to file paperwork in the probate court. 

Assistance With Probate Law & Wills

Walter L. Rooth III Attorney is the trusted choice for will & trust attorneys throughout Hamburg, Orchard Park, West Seneca, NY & beyond. Our will attorneys can help you get your assets in order and get the documentation ready ahead of time so that your family or loved ones do not have to deal with it.  Don't hesitate to contact us today for more information.