Probate is the legal process held to determine how the estates ($100,000 or higher in total and in sole ownership) of a deceased are to be distributed. However, the probate can become lengthy and complicated if the deceased failed to come up with a valid estate plan during his lifetime, and the family may have to spend more just to get through the process.
The properties of the deceased will initially be distributed to his or her creditors; liabilities must be paid off first before the properties can be distributed among the beneficiaries. There is a timeframe imposed on filing claims or paying debts. If the deadline for claim filing has passed, the duly-informed creditors can no longer file their claim. In the same way, if debts were prematurely paid, objections from inheritors cannot be honored.
When liabilities have been settled, the immediate family is considered the primary inheritor of the deceased’s assets. However, in the absence of a valid will or trust, properties may not necessarily be distributed the way the owner desires. Such circumstances can cause distress to the deceased person’s family, particularly when probate distributions appear to be unjust. Inheritors may file dispute claims, but these could cause delays in distribution.
Often, the negative consequences of probate proceedings are contrary to the best interests of the deceased. To make probate processes more efficient and fair, it would be wise to hire the services of an expert probate attorney.
The properties of the deceased will initially be distributed to his or her creditors; liabilities must be paid off first before the properties can be distributed among the beneficiaries. There is a timeframe imposed on filing claims or paying debts. If the deadline for claim filing has passed, the duly-informed creditors can no longer file their claim. In the same way, if debts were prematurely paid, objections from inheritors cannot be honored.
When liabilities have been settled, the immediate family is considered the primary inheritor of the deceased’s assets. However, in the absence of a valid will or trust, properties may not necessarily be distributed the way the owner desires. Such circumstances can cause distress to the deceased person’s family, particularly when probate distributions appear to be unjust. Inheritors may file dispute claims, but these could cause delays in distribution.
Often, the negative consequences of probate proceedings are contrary to the best interests of the deceased. To make probate processes more efficient and fair, it would be wise to hire the services of an expert probate attorney.
