Estate administration typically involves several steps, including the following:

• Probating the will
• Obtaining a death certificate
• Obtaining a tax identification number for the estate
• Identifying and locating the deceased person’s assets, including bank accounts, investments, personal property, real estate, and other assets
• Notifying creditors and paying any outstanding debts, taxes, and other liabilities from the assets of the estate
• Obtaining a court-issued document called letters of testamentary or letters of administration, giving the personal representative or executor the authority to act on behalf of the estate
• Inventorying and appraising the assets of the estate and keeping accurate records of all transactions
• Filing any necessary tax returns and paying any taxes due on the estate
• Distributing the estate’s assets to the beneficiaries according to the terms of the will or state laws of inheritance
• Closing the estate by submitting a final accounting to the court and obtaining court approval to distribute the assets of the estate

The process may vary slightly depending on the estate’s size and complexity and whether the case is probated or non-probated. A probate court action may be necessary for large estates to ensure the legality and validity of the will and to oversee the distribution of assets. Non-probated estates are usually smaller and have fewer legal requirements.

Estate planning can help avoid probate and its complications, and in some cases, estate administration can occur outside of probate court (non-probate administration). It is best to consult with an estate planning attorney or probate lawyer who can help navigate the specific laws and regulations of the relevant state.

State Law Governs Estate Administration

With very few exceptions, estate administration is governed by state law in the US. Each state has unique laws and regulations regarding the probate process and the distribution of a decedent’s assets. These laws can vary significantly, so it is important to consult with an estate planning attorney or probate lawyer familiar with the laws of the state where the decedent lived.

At the federal level, the estate administration must comply with IRS Codes that address the following:

• Estate taxes
• Gift taxes
• Generation-skipping transfer of assets (gifting to grandchildren)
• Special valuation rules

The state probate process includes appointing a personal representative, inventorying and appraising assets, and distributing assets to beneficiaries. State laws may also dictate the procedures for challenging a will or contesting the appointment of a personal representative.

Probate

The length of time it takes to administer an estate can vary depending on the estate’s size and complexity, the number of beneficiaries, and whether or not there are disputes or challenges to the will.

In general, the probate process can take several months to a year or more to complete. If the estate is small and there are no disputes or challenges to the will, the process may go faster. However, if the estate is large and complex, or there are disputes or challenges to the will, the process may take longer. The non-probate process is usually faster and can take several weeks or months to complete, so estate planning often centers on minimizing the potential for probate.

It’s important to note that some states have laws that set a time limit for the probate process and asset distribution. Consult with a probate attorney familiar with the laws of the state where the decedent lived to get an estimate of the time frame.

Estate administration doesn’t conclude with the distribution of assets if the estate has ongoing financial obligations such as trust administration, paying taxes, etc., which may prolong the administration.

Potential Problems

Several problems can occur when administering an estate, including:

• Beneficiary disputes – If the decedent’s will is unclear or there are multiple beneficiaries, disputes may arise over who is entitled to receive what assets.
• Challenges to the will – Challenging a will can occur for various reasons, such as lack of capacity, undue influence, or fraud.
• Lack of assets – If the decedent’s debts and liabilities exceed the value of their assets, there may not be enough to pay off creditors and beneficiaries.
• Probate process delays – The probate process can be time-consuming and may create delays due to missing or incomplete documentation or beneficiary disputes.
• Tax issues – The estate may be subject to taxes at the federal and state level, which can be complex and require the help of a tax professional.
• Not following the law – The personal representative may not follow the state laws and the will’s instructions while administering the estate, which can lead to legal issues.
• Not keeping accurate records – Not keeping accurate records of all estate transactions and assets can lead to confusion and beneficiary disputes.
• Not timely closing the estate – Not closing the estate as quickly as possible can lead to additional costs, legal issues, and disputes among beneficiaries.

It is important to seek the assistance of an estate or probate attorney to administer the estate and address issues that arise properly.

Closing the Estate

Estate administration concludes when:

• The personal representative distributes all assets according to the terms of the will or state laws
• The personal representative closes any financial accounts, such as bank and investment accounts, that belong to the estate
• The personal representative files all final tax returns for the decedent and the estate
• The personal representative files a final report with the probate court, including an accounting of all assets and debts of the estate, and any beneficiary distributions
• The personal representative obtains court approval and discharge, closing the estate

Once these tasks are complete, the estate administration process concludes, and the deceased person’s assets have been properly and legally distributed according to the decedent’s wishes or state laws.

While estate administration has a general template and set of rules to follow, each estate is unique, and ensuring all formalities are properly addressed can be daunting. Meeting with a probate or estate planning attorney to structure an approach and create a list of tasks can help a personal representative track all the necessary elements. A systematic and organized approach with proper attorney oversight can make estate administration run smoothly.

We hope you found this article helpful. Contact our office at (740) 947-7277 and schedule a free consultation to discuss your legal matters. We look forward to the opportunity to work with you.

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Do You Have a Will?

Many Americans will face the challenges of their loved one dying without a will. According to Think Advisor, a recent survey finds that 59 percent of men and 72 percent of women do not have a will or estate plan. In another survey, CNBC finds a mere 33 percent of Americans have properly established estate plans. Many individuals feel they do not own enough to necessitate writing a will or negatively perceive estate planning as too complex and expensive. They leave their grieving loved ones to accept the court’s decisions regarding their loved one’s inheritable assets and possessions.

Resolving the Estate

The probate court judge’s primary duty is to oversee the lawful resolution of the decedent’s financial affairs. They will follow state law to select a personal representative as the estate administrator. There is technically no executor as no will was left to execute, yet the estate still must be legally resolved. A loved one can begin the intestacy process by going to the decedent’s county probate court, filing a death certificate, and petitioning to begin probate. They will typically nominate themselves as the administrator, but the probate court judge has the authority to name the estate administrator.

Assets Falling Outside of Probate and the Role of Administrator

Like dying with a will, dying intestate does not affect jointly held accounts and those assets with a designated beneficiary or payable-upon-death status. These may include money market, savings and checking accounts, IRAs, retirement accounts, certificates of deposit (CD), life insurance, and annuity policies. The estate administrator, as appointed by the probate court judge, will perform the functions as required by state law, including:

• Identify and give notice to estate beneficiaries and other interested parties
• Give notice to creditors
• Give notice to all government agencies from which the decedent received benefits
• Pay debts and fees, including state and federal taxes
• Inventory assets
• Distribute assets
• Close the estate

Under the law, family members may inherit the remaining assets after payment of the estate’s final debts through the estate administration process. The handlers of the administration process may be one person, two or more individuals, a bank, or a law firm. In cases of estates under a certain dollar amount, the administrator may petition the probate court for a simplified version of the probate proceeding.

Standard Probate Proceedings

Though some of the filings and processes are different than probate with a will, the probate court is still actively involved if your loved one dies intestate. The probate court processes may:

Resolve or prevent conflicts – A probate court judge will decide how to answer any legal questions that may arise related to state law. When someone dies without a will, family members often claim certain assets or possessions of the decedent, citing a verbal promise. The estate administrator can avoid becoming the lightning rod of controversy for decision-making since the probate judge makes the final decision. Although this is no guarantee heirs won’t fight things out in court, in most cases, intestate succession laws prevent these disputes.

Legally Transfer Title – Real property like a house, car, truck, or boat, without joint tenancy with right of survivorship or held in trust, requires the probate court to transfer the name on the title. In cases of real estate owned by a couple or shared personal property in a community property state, titles may transfer automatically to the surviving spouse.

Cut off claims by creditors – Once the probate court process starts, creditors have a certain amount of time to bring a claim against the estate. Estate administration can reduce this timeframe in some states to as little as three months so that a creditor can’t approach a family member looking for money months or even a year into the future.

Take money from accounts – If the decedent’s financial accounts are not jointly held or do not have named beneficiaries, or payable-on-death status, a family can’t access the funds in the accounts without the probate process and approval.

Probate Laws Vary by State

In cases of dying intestate, the probate process is similar among all states, but state laws still vary. If you are administering an estate without a will, an estate planning attorney or probate lawyer can help you understand the differences in the probate process. Getting professional legal advice can be well worth the money spent to distribute the decedent’s assets according to state law and properly close the estate.

We hope you found this article helpful. Contact our office at (740) 947-7277 and schedule a free consultation to discuss your legal matters. We look forward to the opportunity to work with you.

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Can You Skip Probate Altogether?

Revocable Living Trusts (RLT) avoid probate proceedings and allows assets to transmit to beneficiaries faster. The assets in the trust bypass the probate court and usually take precedence over any property you designate in your will. A clear determining indicator of the need for probate is the value of the decedent’s property. If the valuation is less than $100,000, the assets qualify for a simplified procedure in most states. As one example, to act without court intervention for settlement in a simplified procedure:

• The estate will have adequate assets to pay taxes and debts
• If there is a will, the executor petitions the court
• Without a will, the surviving spouse petitions the courts if the estate has community property and the decedent has no children or grandchildren from a prior relationship
• The court determines bypassing probate would be in the best interests of creditors and beneficiaries, and the executor is not a creditor

This small estate affidavit procedure is helpful if the probate asset valuations, excluding any property interest to surviving spouses or domestic partner’s community, minus liens, and encumbrances, is no more than $100,000. In the absence of a will, the probate process must ensue, and the distribution of whatever assets may exist do so under the state intestacy law. There are ways to avoid probate even with a sizeable estate through careful planning. Probate avoidance not only will reduce legal fees in the long run, but it can mean avoiding estate tax, which can be significant in a very wealthy estate.

Can Assets Be Passed Outside of Probate?

Aside from an RLT, life insurance policies pass outside of probate. POD accounts (payable on death) can pass to your beneficiary without probate for your checking and savings accounts, money markets, CDs, and US Savings bonds; however, each account will require a complete beneficiary registration. Retirement accounts such as a 401(k) or IRA also pass to an adequately designated beneficiary outside the probate court.

Most pensions that are inheritable are under a form of trust and, as such, will also maintain their valuation outside of the probate process. In military benefits, a death gratuity, a lump sum payment to survivors made by the US Department of Defense, is $100,000 and is tax-exempt. If there is real estate as joint tenant ownership, the property will pass outside of probate as well.

What Happens If a Revocable Living Trust is Not Established?

In the absence of an RLT, using named beneficiaries in POD accounts and retirement accounts, or the probate process, there is almost no way to own inheritable property legally. A quasi-exception exists in Florida, where a family may own property in a decedent’s name if they do not sell it and continue paying taxes. Each state has differentiation in inheritance laws, so it is essential to retain an elder law attorney for the state where you live.

Most families will contact the probate court whether or not the bulk of the estate will pass through the probate process. The will executor must file a request for probate in the county where the decedent was living and provide a death certificate. At this time, the probate court likely approves the executor named or designates one and provides letters of testamentary which legally permits the findings and processing of the decedent’s financial and other property accounts. To get specific answers to your estate questions regarding passing your probate and non-probate assets to your heirs, speak with an estate planning attorney.

We hope you found this article helpful. Contact our office at (740) 947-7277 and schedule a free consultation to discuss your legal matters. We look forward to the opportunity to work with you.

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The answer to that question depends on the state in which the estate is being probated. To be clear, this question is specifically about whether a lawyer owes the heirs of a probate estate a fiduciary duty, and not whether a lawyer owes a fiduciary duty in other contexts, such as to the beneficiaries of a trust when hired by a trustee, or a ward when hired by a guardian or conservator. The answer varies depending on each different circumstance.

Also, before answering the question, it is helpful to have an idea of some common activities created by fiduciary duties in the context of probating an estate:

• Duty to communicate: a duty to notify the beneficiaries the estate exists, identify the Executor, provide a copy of the inventory, provide copies of court filings, generally explain documents that require a beneficiary’s signature, etc. This duty to communicate is not the same thing as an attorney-client relationship, which means there is no attorney-client privilege and the attorney cannot give legal advice.
• Duty to account: provide regular estate accountings, which include explaining funds paid out of estate accounts for expenses.
• Duty to treat all beneficiaries equally: distribute estate funds at the same time, if a question arises as to how something in the Will is to be interpreted the attorney cannot interpret it, the court must interpret it.

Turning back to the question, whether the lawyer owes a fiduciary duty to the heirs of a probate estate depends on the state in which the estate is being probated. Only a few states require the lawyer to meet the same fiduciary duty to the estate heirs as the Executor. These states believe that since the Executor owes a fiduciary duty to the heirs and the lawyer owes a fiduciary duty to the Executor, the duty flows from the Executor to the lawyer.

Most states, however, take the position that the lawyer does not owe a fiduciary duty to the estate heirs. These states view the fiduciary duty owed by the Executor to the heirs as unique from the fiduciary duty owed by the lawyer to the Executor. Also, these states want to maintain the Executor’s ability to have protected communication with the attorney.

There is a small third set of states, including California, New Mexico, and Illinois, that apply a balancing test to determine who was the actually intended beneficiary of the attorney-client relationship, the Executor or the heirs. Each state has established its own test criteria, but some common questions the courts ask include: who was the intended beneficiary of the attorney’s services, the Executor or the heirs; what was the foreseeability of the harm to the heirs as a result of the malpractice; and what was the proximity of the misconduct and the damage to the heirs?

If you are the Executor hiring the attorney, ask what the law is. If you are an heir of the estate, the lawyer should give you some guidance. If the probate estate is in one of the majority states, the first letter from the attorney should start with a sentence that reads, “I have been retained by Mr. Smith, Executor of the Estate of Ms. Smith. It is important that you understand I do not represent you.”  Otherwise, call and ask.

Everyone’s goal should be for the settling of the probate estate to go smoothly. Understanding the lawyer’s role will go a long way towards achieving that goal.

We hope you found this article helpful. Contact our office at (740) 947-7277 and schedule a free consultation to discuss your legal matters.

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First, an executor is appointed and is normally the person named in the will. It is the executor’s responsibility to initiate the probate process. An executor can be a family member, a financial advisor, or any person the testator deemed capable of administering their estate. The executor files the will with the probate court, which initiates the probate process. A court officially appoints the executor as named in the will, giving the executor legal authority to act on the testator’s behalf.

The executor’s function is to locate and oversee all of the estate’s assets and to determine each asset’s value. The majority of the deceased’s assets are subject to the probate court, where the deceased lived at the time of their death. Real estate is an exception, and probate may extend to any county where the real estate is located.

The executor will pay any taxes and debts owed by the deceased from the estate. A notice of death is published and creditors are given a limited time to make claims against the estate for any money owed to them. If the executor rejects the claim, the creditor may take them to court, where a probate judge will determine the debt’s validity. The executor is responsible for filing the deceased’s final, personal income tax returns. The executor’s last task, via court authorization, is to distribute what remains of the estate to the beneficiaries.

Probate is required for any asset or account that does not have a joint owner or beneficiary named.  If a joint owner or beneficiary is named then the title changes automatically and probate becomes unnecessary.

If a person dies without a will, they are said to have died intestate. An estate can also be deemed instate if the will presented to the court is found to be invalid. The decedent’s assets of an intestate estate follow a similar probate process, beginning with the appointment of an administrator. An administrator functions like an executor, receiving all legal claims against the estate, paying outstanding debts, and the decedent’s taxes.

Administrators must also seek out legal heirs, including surviving spouses, parents, and children. The probate court will determine the distribution of the estate among its legal heirs. In the absence of any family or other heirs, the remaining assets go to the state.

The more complex or contested an estate is, the longer the probate process can take to finalize. The longer the process, the higher the cost. Probate without a will typically costs more than probate with a valid will, but neither scenario is inexpensive. The probate court files an estate’s assets as a matter of public record, so if you want to keep your estate private, it is best to pursue other estate planning options such as a trust.

As estate planning attorneys, we can help you determine what planning tools are best for you. Contact our office at (740) 947-7277 to schedule time for a private conversation to further determine how we can help.

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Although a will can be the primary mechanism to transfer property upon death, it does not cover all property situations. Some classes of property you are unable to distribute through a will are:

• Property held in trust – A trust will have named beneficiaries who will receive the trust’s property according to the trust terms and not based on what is in your will (unless specifically stated in the trust).
• Pay on death accounts – Informally known as PODs, the original account owner names a beneficiary(s) to whom the assets in the account pass automatically upon the owner’s death.
• Life Insurance – Life insurance benefits pass to your named beneficiary(s) in the life insurance policy and are not affected by your will.
• Jointly held property – Co-owned property is not distributed through your will. Joint tenants have an equal ownership interest in the property, and when one joint tenant dies, their interest ceases to exist. The other joint tenant now fully owns the entire property.
• Retirement plans – In a similar manner to life insurance, money in an IRA or 401(k) passes to the named beneficiary(s). According to federal law, a surviving spouse is generally the automatic beneficiary of a 401(k); however, there are some exceptions. An IRA permits you to name a beneficiary(s).
• Investments in transfer on death accounts – Some accounts holding stocks and bonds will transfer on death to the named beneficiary(s). Like POD accounts, transfers on death accounts bypass probate and go directly to the beneficiary(s).

A will does not allow you to avoid probate. By necessity, a will must go through the probate process in order to allow beneficiaries to inherit property. It can take months to get through probate, and it involves expenses like an attorney, executor, and court fees. Also, your will and everything associated with it (property you own, who your beneficiaries are, etc.) become part of the public record that anyone can access.

Keep funeral instructions outside of your will. The reality is your funeral may have already taken place before someone finds and reads your will, which can take days, even weeks. If your funeral or memorial service is important to you, the best way to help your family is to pre-plan, making arrangements with a funeral home. You can leave written instructions with the family as to your plans.

Your pets cannot inherit through your will. An animal is legally unable to inherit money or property from you. If you want your pets to be cared for after you die, leave money to a person willing to take care of your animals. The person you select can inherit your pets since a pet is considered property. You can also set up a pet trust or a pet protection agreement, either of which provides for your pet’s care.

Provisions for a child on government benefits are best in a trust. It is best to create a special needs trust to provide for a child with special needs or a child who is receiving government benefits. The trust can hold money for your child’s care without affecting those benefits.

There are ways to circumvent the limitations of a will by creating trusts, setting up pay-on-death accounts, and ensuring a beneficiary is named on all accounts that permit them. Your will is an important component of a comprehensive estate plan, but it can’t do everything.

We would be happy to discuss the pros and cons of having a will and other options available to you as part of your overall estate plan. Contact our office at (740) 947-7277 and schedule a free consultation to discuss your legal matters.

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Estate planning for blended families is key to a smooth inheritance process, especially since probate rules and intestate succession law do not treat step and biological children the same when it comes to inheriting. Open communication about your estate plan is also helpful in managing heirs’ expectations.

Trying to be equitable among your heirs can be tricky, and relying on your spouse and children to work things out after you are gone is not a good plan. To create a solid plan, carve out some quiet time and identify your most important estate planning goals, including distributions of all assets.

These assets include your house, car, jewelry, other personal items, investments, retirement plans, brokerage accounts, and insurance. If you opt to gift items before your death, be certain you no longer include the asset or property in your estate plan. Even items of little financial value may be an expected inheritance from a child. The goal is to reduce tensions among family members.

Share your ideas with your spouse and agree on a basic approach, including scenarios for who might pass away first. Leaving property outright to a surviving spouse may not be the best approach as it does not ensure the children, step or otherwise, ultimately benefit. Many blended family systems use a trust to provide for a spouse while leaving their property to their children.

Stepchildren can contest a will to be treated as a full biological child if they are named in a prior will. A will that was written before a remarriage creates an opportunity to contest. Note that your stepchildren have very little chance of inheritance without a will. Dying without a will or intestate prevents your stepchildren from inheriting in all but a very few states. In states where they are eligible, stepchildren will be considered last in line to inherit because of the laws of intestate succession.

A stepchild named in a previous will can challenge on the grounds of undue influence, lack of capacity, mistake, fraud, or coercion. If the will being contested is thrown out of probate, estate inheritance reverts to the next most recent will. A stepchild must be named in at least one prior will to have “standing” to challenge the will. If all wills are invalidated, the state will treat stepchildren as intestate heirs.

Even if a biological parent in concert with a stepparent makes their wills simultaneously and identically to leave the estate to one another, a surviving spouse can change their will upon the death of the other. It is possible for a surviving spouse to change their will, excluding the stepchildren. If the original will left equal shares to biological and stepchildren, a stepchild could contest to have the most recent will invalidated.

The idea of reciprocal or mutual wills as a binding contract is not recognized in most states. Only if the will specifically constitutes a binding contract not to change the will can a mutual will be enforced. The truth is, it is far more reliable to create a trust to care for a surviving spouse and your children’s inheritance than depend on mutual wills and goodwill after you are gone.

While contesting a will is permissible under certain circumstances, there is no guarantee it will be successful. To ensure your legacy wishes are met, consult with a qualified attorney who understands the intricacies and nuances of estate planning for blended families and can provide the best advice for everyone. We hope you found this article helpful. Contact our office at (740) 947-7277 and schedule a free consultation to discuss your particular situation.

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Outstanding debts typically include credit card payments, mortgage, car payments, insurance, real estate taxes, utility bills, medical and funeral expenses, and other legal debts incurred but not yet paid. The probate timeline for creditors to file a claim varies by state. On average, between three to six months is a creditor’s window of opportunity to submit formal claims to your estate for payment. If there is no contest over the debt, the personal representative will pay the outstanding bill with estate funds; the creditor will receive payment in full, which completes the claim.

Personal representatives, beware. Do not distribute assets to beneficiaries before the balance of the estate’s taxes and all outstanding debts are completely paid or dismissed by the probate court. It is the responsibility of the personal representative to cover all estate expenses, and you may become personally liable for deficiencies in estate debt payments unless beneficiaries return their portions of inheritance to cover those outstanding debts. If you feel you must make a partial distribution to heirs, withhold enough monies to cover all estimated expenses.

If the decedent’s property does not go through the probate process, creditors’ claims remain pursuable for a longer time. Partly this is because there is no legal requirement to notify creditors of a person’s death. By the time a creditor may learn of the death, the debt might be so small they are unwilling to pursue its collection. A creditor may find a tax write-off of bad debt more advantageous than chasing down repayment that is not cost-beneficial.

In other cases, an estate may not have liquid assets yet hold real property with enough value to cover the outstanding debt claim if sold. Valuable inheritable property can be lost to a forced sale to cover creditor claims in probate court. A creditor forcing this type of sale drags out probate proceedings, incurring additional costs. Secured creditors receive priority over unsecured creditors. Banks are the primary secured creditor with which a personal representative may have to contend.

Suppose a person dies with substantial debt and there are limited assets to cover these debts. In that case, the estate is deemed insolvent, and there is a generally accepted prioritization of debt payment by all states. A personal representative should always pay debts in order of a state’s recognized priority list. Otherwise, debts that may be dismissible, pro-rated, or forgiven may receive payment, while secured debts never “go away.” It is essential to understand the priority order for estate debts. Note that these are generalities, and some state laws may prioritize these categories differently.

1. Administrative costs – Common costs include court fees, filing fees, notice costs, attorney’s fees, and the administrator’s commission.
2. Family exemptions – Many states will provide for payments helping family members handle their living expenses during the estate’s probate. This family exemption usually gets high priority to lessen financial stress as a family mourns the loss of their loved one.
3. Funeral and burial costs – These expenses address funeral and burial costs by state law. Costs of cremation, interment, urns, markers, and associated funerary service costs are permissible as part of funeral and burial costs.
4. Government debts – Income taxes, property taxes, and estate taxes take priority over other debt obligations.
5. Final medical bills – The decedent’s final sickness or injury receive priority over other unsecured debts. Some hospitals will reduce final medical bills if the newly negotiated amount is paid promptly and in full.
6. All other claims – Usually, states do not prioritize these other more general unsecured debts. Some cases permit debt payment based on the filing date of claims, and other times debts may be pro-rated.

Assets such as retirement accounts and insurance proceeds with a designated beneficiary receive different treatment and provide more protection from creditors. The same holds for an irrevocable trust which upon death also provides protection from creditors. A beneficiary designation and specific trust entity can help to shield an estate with a heavy debt burden.

When someone dies, their estate assets must be secured and eventually distributed according to the existing Will or state intestate laws. Another vital function of the estate is for the personal representative to ensure the decedent’s genuine debt obligations receive payment. When an estate has sufficient assets to pay all outstanding debts, payment can occur in any order. If the estate leans to insolvency, the personal representative should withhold asset distribution to heirs until the probate court approves the debt fulfillment priorities. We hope you found this article helpful. Contact our office at (740) 947-7277 and schedule a free consultation to discuss your particular situation.

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The probate process can be necessary whether or not a person dies with a Last Will and Testament (will). If someone dies and their will names a person to serve as the executor of their estate, then a probate court will appoint that person. If the will does not name an executor, or there is no will, then a probate court will appoint an executor.

After the executor files a petition with the probate court, any heirs or beneficiaries who are connected to the will are notified and have the opportunity to contest the will. The executor has control of the estate, which is comprised of all that the deceased person has left behind that is not already designated to go to beneficiaries.

After the executor has paid any debts and taxes owed by the deceased person, the executor distributes the remaining assets according to the wishes expressed in the will. If there is no will, the probate court will distribute the assets in accordance with state laws.

Since the court system is backed up, probate cases can take a long time to settle. This can be a problem for families who are trying to resolve a loved one’s estate and move on with their lives. It can be especially challenging for families in need who could really benefit from receiving their loved one’s assets sooner rather than later. Each state has different probate laws, such as California, offering a simplified probate process for smaller estates. So before beginning the probate process, find out if you are able to take advantage of the more straightforward process.

In addition to the long period of time it takes to complete the probate process, it is a complex process with many ways to make mistakes. For example, complicated paperwork can be hard to fill out accurately. Mistakes, such as forgetting to include things or filing the wrong paperwork, can increase the amount of time to complete the probate process.

In some instances, people don’t realize they need to file a probate case, which can cause problems down the road. For example, let’s say a married person dies and their surviving spouse does not complete the probate process for them. Years later, when the surviving spouse passes away, their children or heirs may need to open two probate cases instead of one. This can create headaches, especially for handling the estate of the first spouse since so much time has passed.

One thing you can do to avoid issues down the road is to own property jointly so that when one owner passes away, the surviving owner automatically becomes the sole owner of the property. Another thing you can do is periodically update the beneficiaries on any financial and retirement accounts you have. Creating a trust to transfer your property to while you are still living is a way to avoid the probate process.

An attorney who is experienced in the probate process and estate planning can guide you through the probate process your loved one passes away. This specialized attorney can also help you plan ahead and create an estate plan that will simplify, or possibly avoid, the probate process altogether.

This article offers a summary of aspects of estate planning law. It is not legal advice, and it does not create an attorney-client relationship. For professional legal counsel, you should contact an attorney. We hope you found this article helpful. Contact our office at (740) 947-7277 and schedule a free consultation to discuss your particular situation.

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