Estate Planning Law: Top Probate Tips Everyone Should Know
March 17, 2017 in Activism
According to Wikipedia, probate is the legal process by which a will is proved in court and accepted as a valid document. In short, it is the approval of a will’s validity in case of the demise of an estate owner. But what are the most vital probate tips that everyone should know about?
The process of administering the estate after the demise of the owner can be suspended until the death certificate has been received. Often the death certificate can be received from the funeral services or any suitable office charged with this responsibility. Consequently, many probate lawyers will advise you to prompt the administration process once the death certificate has been delivered.
Wills come in a number of copies. Often one is left for the estate owner while a few other copies can be distributed for safe keeping with the lawyers, clergy, or a trusted family member. Moreover, in this same spirit it is important to search the departed documents for the copy of the last will and testament. Most people will keep a copy in a safe deposit box, primary bank branch, or with a clergy.
A person who dies without a will is referred to as intestate while a person who has a drafted will is called a testate. Specifically, Steve Bliss a Probate attorney in Temecula, CA, states that knowing the difference is vitally important as it designates where the court can start off the estate planning process. He adds that a professionally written will designates an executioner who will be in charge of administering the estate.
For an intestate however, the case is different, the spouse of the closest of kin is often appointed as the administrator of the will by the probate court. However, the access of accounts and the transactions they’re in are usually limited information until such a time that an administrator is appointed legally. Inventories and any other documents of the like are therefore often safe guarded.
Steve Bliss adds that in cases regarding a petition for probate that is the deceased/ descendant owned a real property such as a commercial building under their personal name, the property cannot be sold until the executor has been appointed by the court. In case you don’t know how the title exists you can always find the best estate lawyers such as an expert Steve Bliss in Temecula to help you.
Irrespective for a probate petition to go through, it has to meet certain criteria, among them the following: It has to be filed in the county, in which the descendant resided. Every county is usually different in its own way. Therefore the advice of a probate lawyer is recommended. Most lawyers might ask you to schedule for consultation, come with the will, and a death certificate if any.
Consequently a person who dies testate might make the process easy. However, that doesn’t mean that intestate beneficiary should be denied their rightful shares, no! Talking to a probate lawyer will give you a clear picture.
Notwithstanding the sale of an estate in case the owner dies requires a number of things. Most of these things will be easy to fulfill in case you make the best choices and opt to work with an expert. A probate attorney is such an expert that you must talk to.