The death of a loved one is surely a devastating experience. After the initial mourning stage, one is required to handle the legal affairs surrounding the death. This also includes the probate process, which consists of the administration and authorization of the deceased’s property, assets, and overall finances. The inheritors receive their share of the inheritance after going through the probate process.
However, the probate process can be challenging as you are required to comprehend legal terminologies, methodologies, and financial records.
However, there are ways you can streamline the probate process. In addition to seeking the advice of legal experts and professionals who can guide you, you can also ensure certain factors are catered to throughout to make things much easier.
Here’s what you need to know:
Understand your duty in the process
You must understand your duty in the whole process. In case you are assigned the role of an executor, you will be required to initiate the process. This could include filing paperwork, assessing tax issues, and managing assets.
Moreover, you also need to understand:
- How does the probate process work?
- What documents will be required?
- What will happen if the will is not available?
- Who can you trust to initiate the process?
- How long does the process take?
- What steps will be required along the way?
As you explore the answers to these questions with a DIY probate kit, you can take effective and concrete steps with the aid of experts and professionals. A DIY probate kit is a guide with professionals to help you through the probate process. People who are well aware of the complexities of the process can easily guide you.
Be mentally prepared
The probate process often takes a long time. In most cases, it takes a minimum of one year. Therefore, you must be mentally prepared to handle delays and remain patient.
Once you readily accept that it will cost a lot of time and money, you will be able to handle the process pretty well. However, this does not mean that process will be full of hurdles; you can even count on a good attorney to lower the cost and keep you carefree.
Clear off the debt
One of the potential hurdles along the way is debt. To keep the probate process smooth, you should pay the creditors their due share. Posting a public notice in newspapers and other media is one way to reach the public.
A court appearance will be required of creditors and debtors to assess and settle the claims. As part of the settlement process, the debtor will be required to return and pay specific amounts of money.
The distribution of the assets
After the debt has been cleared, the assets and property are distributed. If there is a will, the process becomes much easier. In the absence of the will, the state determines the distribution according to state laws. In either case, you will be required to overlook the process if you are the executor. Distribution can become much easier if you either have an attorney by your side or the help of legal professionals to guide you.
Maintain the records properly
As the executor, you need to understand the deceased’s assets and their value. You may also need to assess if there are any hidden assets unknown to you. In this case, you can examine the safety deposits and hidden places in the deceased’s home.
Moreover, you must inquire the family and friends about the belongings. The record must contain bank statements and tax and investment files. A formal inventory in the court includes real estate, vehicles, bank accounts, stock, bonds, insurance, retirement records, wages, and business details. The upkeep of these records in one place makes the process quite smooth.
Do not miss the deadlines
The probate process can seem long and daunting. You may lapse and neglect the process. However, you should not miss the deadlines. The whole process has several stages; you must attend the court session in due time to avoid any mishaps or further delays. Each time you visit, you can keep a record of the proceedings and set up a reminder.
Avoid the little skirmishes
It can be quite challenging to keep the family unit together in such a situation. If the testator leaves a will, there is usually some bad blood over the unjust distribution. In the absence of the will, relatives are unable to understand the legal process and state laws. In either case, you must keep your feet grounded.
As an executor, you are duty-bound to communicate well with all the possible inheritors. Inform them about the legal proceedings that they feel puzzled about. It can make the process much easier if you listen to their concerns with an open ear and stick with the legal paradigms and principles as much as possible.
Seek counsel from a professional
If you are a family member serving as an executor, it can be a challenge to remain sure-footed in this time of bereavement. You may also face legal and personal problems along the way. It is important to seek professional counseling every step of the way to make the process bearable for you and your loved ones.
Get an experienced attorney
In certain cases, the will is complicated, and the deceased’s property is vast. The process becomes difficult, and you encounter hurdles and obstacles along the way, so you should hire an attorney who has a broad understanding of the entire process.
The attorney’s knowledge will be vital in keeping you on the right track. Moreover, they will make the process quicker.
Another advantage of an attorney is the meeting of deadlines and lesser rifts among family members. In addition, you can avoid errors and flaws, which will make the process smooth.
Conclusion
After the death of a loved one, it is important to handle the legal affairs and probate process surrounding the death. Probate can be challenging for executors without proper guidance.
To streamline the process, seeking advice from experts or using a DIY probate kit can be helpful. In addition, be mentally prepared for delays, clear debts owed by the deceased, maintain records properly, and avoid missing deadlines throughout different stages of probate.
In cases where the distribution of assets may cause conflict among family members serving as executors, communicate well with all parties involved or hire an experienced attorney if needed.
