About Probate and How It can Affect the value of Your Estate
Probate is the process by which the court proves the validity of a last will. Decisions about an estate are also made during the probate process when no will can be found or proven. The probate process is designed to ensure that the assets of an estate are distributed correctly between beneficiaries, creditors, and other parties of interest. However, the absence of an estate plan increases the likelihood of legal battles over property and increases the chances that property will not be distributed according to the deceased person’s wishes. Building an estate plan with an experienced attorney can provide guidance for the probate judge and save more of your estate for your beneficiaries.
Probate CanNot Be Avoided
The complete probate process is necessary even if a will is found and proven. There is no way to circumvent probate entirely, but your will, combined with other aspects of a detailed estate plan, can simplify the process and reduce the value of assets that are lost or misallocated during the process.
Some details that must be addressed during probate include:
- Property Owned by the Deceased with No “Payable on Death” or “Transferrable on Death” Document
- Small Property Lacking a Title Document
- Any Inheritance that was Intended for a Now-Deceased Beneficiary