What is probate?

Probate is the legal process of administering a deceased person’s estate. It encompasses resolving claims, if any, against their estate by creditors, and distributing property under a will, if any. Certain things, if administered in a particular way before the decedent’s passing, will not have to go through probate.

How long does probate take?

That can depend upon a multitude of factors such as how many heirs there are, whether or not there are any creditors, whether or not anyone contests the validity of the will, as well as other factors. It is safe to say though, that this process can be difficult to navigate through on your own. An experienced attorney can calm the waters and handle the headache for you.

There was no will. How do we decide who gets what?

The term for a death without a will is intestate. When someone dies intestate there are specific statutes which dictate how assets will be divided amongst beneficiaries. Certain situations are more complex than others, but an experienced attorney can help to lead you through the complicated rules brought about as a result of today’s modern families.

My loved one told me that they want me to have certain things. How do I prove that?

Wills can be as general or specific as the person likes. The will might specify what the decedent would like to have happen with certain items, but if the person dies intestate, it can be difficult to prove that you were promised anything.

What is the best way to avoid issues with my estate after I am gone?  

The best way to avoid issues with your estate after you have passed on is with planning. Speaking with an attorney well versed in the areas of estate planning and probate can help you create the best plan for you. Come meet us before you need us! Rooney & Rooney, P.A.