This Article Written for Willhoite Law, PLLC
When you have just lost a loved one, the idea of dealing with their estate yourself can be daunting. It is not something anyone should have to do, at a time when they are grieving, but many people feel forced to deal with probate themselves because they are afraid that huge legal costs will eat up a great part of the estate but dealing your probate case on your own can be very complicated. A probate lawyer Claremore can help you in your case and assist you. Before searching for a lawyer to represent you, you need to understand the probate process.
Most people have heard the word probate before, but they might be wondering ‘what is probate?’ The probate process can refer to numerous things. When a person dies, their estate automatically begins its path through the probate system. The probate court determines whether or not a will is valid. If an executor is not named in the will, the court will assign an executor to perform those duties. However, the entire process of administering the estate of the deceased according to the will’s instructions can also be referred to as probate. The rules and regulations of probate vary from state to state and each state can have a different procedure and hearing process for probate. Specific common guidance might be similar in most states but it is always advised to take help of a legal professional in case you need to understand the probate process in your locality.
Probate is a legal process whereby the court transfers the decedent’s estate to his heirs. This process also includes giving out notices to creditors and settling the decedent’s debts. If the decedent had left a will, his estate will then be distributed according to his wishes. The process ends only when all debts have been settled, taxes have been paid and properties have been properly distributed. Usually, your probate lawyer will work with the will’s executor or the state administrator throughout the process. The whole process can be tedious, so it is very important that you need to hire a probate lawyer Claremore to help your executor or you throughout the whole thing.
As you know probate estate refers to assets belonging to someone who has recently died. The process is used to validate decedents’ Wills, pay outstanding debts, and distribute assets to named beneficiaries. The process for transferring probate estate assets to heirs typically takes a couple of months. The duration depends on many factors including court caseload, complexity and value of the estate, and how well family members interact. Moreover, everyone should know that every probate case is different depending on the amount of money involved in it. The different assets, debts, and people involved in it make the whole case different from one other.
Probate lawyers at Wiilhoite Law, PLLC have a very specific job, which is to administer the estate of someone who has died. That job is to help you to get through the process of settling the estate of a family member. When an individual dies, not only do you have to plan a funeral and manage their current properties, but there are often other factors to take into consideration as well. Everything from paying the light bill to managing their will becomes a task. Then, the entire estate may need to go through probate court, a legal process that allows the government and courts to determine how much tax must be paid at the time of death. It is not an easy process and it is best to have a probate lawyer Claremore working by your side through it.
The will is read and the distribution and division of the estate ensue. It sounds simple, but sadly many arguments start at this point. Often no will has been drawn up or the will is old and hasn’t been updated, creating a conflict among the parties involved. The will must be processed through the courts if someone close to the deceased challenges the will.
The main focus of a probate lawyer Claremore is to defend their client, whatever side they are on. Your lawyer will work on your behalf if you can prove that you are entitled to receive a particular portion of the property. When seeking a lawyer, it might be wise to choose one who is already familiar with you, your situation, and the deceased person’s will. It is a good idea that you choose a lawyer which you think is ethical in the way they handle a case. As they are in charge of handling the affairs of the deceased, it is possible that an unethical lawyer could take advantage of the fact that few people are aware of and actually understand the proper dealing of probate.
Before hiring a probate lawyer at Willhoite Law, PLLC your initial step is consultation. You can come into the office of the lawyer and discuss the case. Bring with you all of the information and resources you have for this meeting. You will want to take the time to go through the process of finding a will, if there is one, to bring to this meeting as well. The consultation is an opportunity for you to learn about the process. It is also a good opportunity for you to determine if these lawyers are the right ones for you. Be sure you feel comfortable with the individual and with the entire process before you agree to work with them. Once you do, you can get through the process.
The Probate lawyer Claremore will help you in many ways. He or she will need to meet all requirements of the court during the process. This normally includes managing any wills, trusts or estate plan that the deceased person left behind. Besides, he or she must set up a method of paying any creditors that may be owed by the deceased person from the estate. The estate includes everything of ownership of the individual. In the Probate case in which the loved one dies, there are specific steps necessary to be taken to protect access from loss through the process. These professionals will help you to protect the wishes of your loved one, too. Even if you think there are few assets to worry about, it is wise to work with these lawyers through the process.