What to Expect When an Estate Goes Through Probate

When a person creates a will, that person wants his or her estate to be handled in a particular way after death. A person’s will would normally include details about the distribution of his or her property and assets to loved ones, including children, siblings, parents, and other relatives. While there are times when estates are distributed according to plan, sometimes they are forced to go through probate. Probate creates a lengthier process surrounding the separation and distribution of money and other assets left behind by the deceased individual. If the estate goes through probate, the court would need to review the account to determine how to properly handle things.

Why Does it Happen?

There are a few different reasons why an estate might go through probate. If a deceased individual had a will but their power of attorney passed away before they had time to make changes to their will, the estate would likely need to go through the probate process. The original power of attorney is not there to handle the will, so the court would need to take over for the deceased individual to make sure that things are fair. Sometimes an estate goes through probate because a deceased individual failed to prepare a will in advance. Family members may argue over who gets what after their loved one passes away. It is not always easy to resolve the conflict when nothing has been set in stone. If family members are unable to agree on the situation, the estate would need to go through probate.

What to Expect From the Process

If an estate goes through probate, it can take up to two years to get everything figured out and situated. Loved ones of the deceased may wait a long time to receive anything from the estate. The exact amount of time it will take will depend on various factors, including the assets owned by the deceased individual, the heirs that are requesting to receive something from the deceased person’s estate, debts that were owed by the deceased, and other types of family-related issues that may occur.

The process can take more time than the loved ones of the deceased would like to deal with, but there is no guaranteed way to speed up the process once an estate goes through probate because it is in the power of the court at that point. It is for that very reason that most people try to keep their estate from going through probate by having a will created with help from a family law attorney who can explain everything.

Want to Avoid Probate? Find Out How Giro Law can Assist You

If you would like to make sure that your estate does not go through probate because you want things sorted and situated for your loved ones in the event of your untimely death, speak to the attorneys at Giro Law today. We provide family law services in Hackensack, New Jersey, and the surrounding areas. If you want to learn more about estate planning and other options that you have, call us at 201-690-1642.