The Process of Probating a Will

When someone dies, if an estate is formed, it needs to be handled correctly. If the person created an estate plan and left a valid will, this process usually includes probate. Probate can sound intimidating, but understanding how it works can help executors and beneficiaries know what to expect and avoid stress or delays.

Understanding Probate

Probate is a legal process that verifies the validity of a deceased person's will and ensures that their debts and taxes are paid before any assets are distributed to beneficiaries. The process usually starts when the executor of the will files a petition with the Register of Wills.

The executor then has to confirm the decedent’s assets and determine their value. Notices are issued to the proper parties.  An inheritance tax return is prepared and filed with a distribution to beneficiaries occurring later if there are available monies to distribute. Probate can take anywhere from a few months to over a year, depending on how complicated the estate is.

Avoiding Probate

Many people choose estate planning methods that make probate unnecessary or less necessary. For example, property owned by more than one person with rights of survivorship passes to the surviving owners automatically.

Beneficiary designations on life insurance policies, retirement plans, and bank accounts that pay out upon death also occur outside of probate. Avoiding probate can save time and money, but it's important to balance these strategies with careful planning to ensure assets are distributed as intended.

Role of the Probate Court

The court resolves problems, such as challenges to the will or disagreements among beneficiaries. The probate court provides structure and oversight, helping ensure that the deceased’s wishes are fulfilled and the estate is handled fairly and appropriately.

We Can Help You Create an Estate Plan

You can eliminate much of the stress and expenses for your family when you pass away or become incapacitated. An estate plan will make things easier for your family while ensuring your wishes are followed.

Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online.

This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.