Probate Law and How It Effects Your Future

San francisco probate lawyers

You have heard the term “probate,” but do you know what it is exactly? Probate law is the proving of a will, or the process of establishing the validity of a will. It is important when estate planning to understand how long your will might be in probate, as a simple will averages six months. A more complicated one might take over two years in probate law, according the the Wisconsin State Bar.

What Holds Up a Will in Probate?

As a probate attorney will inform you, there are several things that can stall the process because of the finer points of probate law. Having any of the following will do it: multiple beneficiaries, unusual assets, estate taxes to be paid, or choosing an unqualified representative for the probate process, are all variables that can easily extend the waiting period for all those involved.

Planning ahead for these occurrences can help the validation process go more smoothly. Estate planning is apparently not a top priority for the 55% of American adults who admit they have no will or plan for the disposal of their estate. An estate planning checklist can make undertaking the task simpler. Talk to your attorney on what needs to be in order before the process begins.

What Does a Probate Attorney Do?

A probate attorney, also sometimes called an estate planning attorney, helps their client through the entire process of writing and validating their will, even after the client is deceased. The attorney is sometimes called in by probate law when a person dies without a Last Will and Testament, which is known as intestate.

Perhaps the most important task an estate attorney undertakes is ensuring that the client’s personal possessions and assets are fairly assessed by professionals. It is considered disastrous if an important piece of the estate goes missing, or if the checking and savings account are not properly monitored after the client is deceased and before the probate process is complete.

When you are considering whether or not to get started on planning the disposal of your estate, remember the following: it is never too early to start, once you are an adult. No one wants to consider the inevitable, however; things will carry on even in your absence. Ensure the things you do have control over are carried out as you would like them to be. Start the process now, so that when the time comes, you know with certainty all your affairs are in order.

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