How the Probate Process Works

Probate can be a long, complicated and frustrating process if an estate is not properly planned.  Essentially probate is the process of proving a will is authentic or valid in the court of law.  If an estate has no will, this also includes the process of judgment on the estate's assets, allowing the judge to make final decision over your family's future.

In your legal will, you will name an executor.  After your death, the executor files papers in the local probate court. If you die without a will, the court assigns someone to act as a representative.  If you have a will, the executor proves that your will is valid and then presents a list of your assets to the court.  Your relatives, heirs and creditors are then notified of your death, and the process of disbursement begins.  The debts are first settled, then the remaining assets are disbursed to your heirs as outlined in your will.  If no will is present, your assets are disbursed as deemed proper by the probate court.

 

Learn more about Michael A. Chiantella's Sarasota probate attorney services.

Probate can often be avoided by having your estate planned by an experienced estate planning attorney.  This can be done through the use of trusts and other estate planning practices.

To learn more about probate or estate planning, contact Michael A. Chiantella at 941-488-1779 or click here to contact us online now.