It is common for us to follow a familiar path in our lives; we live, work, save, and grow over the years. Most of us do this not just for ourselves but for the people we care about. But when all is said and done, there’s often one big question left: What happens to everything we’ve worked for after we’re gone?
It’s a concern many people quietly carry, especially if they don’t have a spouse or children. Who will receive their home, their savings, or the things they’ve collected over a lifetime? That’s precisely where probate comes in.
In fact, the law not only covers the living but also protects the rights of those who have passed away. If you’re unsure about how to start planning or want to make sure your affairs are in order, the estate planning and probate attorneys at Grainger Hawley & Shinbaum LLC can help walk you through it in a thoughtful and straightforward way.
How Probate Works
Probate is the legally supervised process that happens after someone dies. It’s how a person’s money, property, and belongings get officially passed on to the right people.
If the person had a will, the court checks if it’s valid and follows it. If there’s no will, the court uses state laws to decide who gets what.
The Main Goals of Probate
- Make sure the person’s debts and taxes are paid
- Confirm who should receive their belongings
- Handle any disputes if someone disagrees
In some cases, probate is simple. In others, it can drag on for months or even years. All these factors usually depend on the complexity of the estate. That usually depends on how complicated the estate is, whether there’s a valid will, and if anyone challenges it.
The Simple Steps of Probate
Probate must be initiated; it does not occur automatically; someone must take the first step.
Step 1: Someone needs to file documents
Typically, a family member or the executor mentioned in the will files a petition with the local probate court. This requests the court to start the process formally.
Step 2: The Court appoints a person to manage things
If there is a will present already, it typically appoints an individual to be the executor. If there isn’t a will, the court appoints a person, commonly a close relative, to be the personal representative.
Step 3: Debts and taxes are paid
Before anything from the will is distributed, the estate pays off all the outstanding debts, final bills, and taxes. This can include medical bills, loans, or credit card balances.
Step 4: The rest of the will is distributed
After all the payments are settled, what remains is distributed to the individuals mentioned, particularly those named in the will, or, in the absence of a will, to the individual’s immediate relatives according to the law.
Why It’s Worth Planning Ahead
No one likes to think about dying; that’s a natural process and will happen. Over time, planning now can save your loved ones a great deal of stress later.
Avoids unnecessary confusion
When someone dies without a plan, that can be one of the worst things a person can do for themselves because, in the end, the families are often left guessing and confused. They may not know what the person wanted or who gets what. This can lead to disagreements and long delays.
Saving Time and Money
Probate can be costly if there is no proper planning. Attorney fees, court costs, and delays can eat into what is left in the will that’s to be shared. Planning ahead, like setting up a living trust or naming beneficiaries, can help avoid some of these costs.
Making things easier for your loved ones.
Losing someone is really hard enough. When you leave behind a clear plan, you’re giving your family peace of mind, and they’ll know exactly what to do and that they’re following your wishes.
Things You Can Do Now to Be Ready
Here are a few measures anyone can take:
Write a will – It’s one of the easiest ways to spell out who should get what
Consider a living trust – It lets assets skip probate entirely in some cases
Name beneficiaries – For life insurance, retirement accounts, or bank accounts
Talk to your family – Let them know your wishes and where to find your documents
