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Understanding the Probate Process and Need for an Experienced Probate Attorney

November 08, 2014

Probate is the legal process of determining whether the will or property document of a deceased person is valid or invalid. The process begins when a person with a will dies. Through the probate process, the decedent’s assets are distributed as per the details in the will. But before this, several tasks need to be performed such as determining the validity of the will, ascertaining, and identifying all the assets of the decedent, paying off any debtors the decedent has left behind, and more.


The Probate Process When there is No Will


In case there is no valid will, the probate process, in addition to above tasks also determines the rightful heirs to the estate. The final step in the process is distribution of the decedent’s assets amongst beneficiaries named in the will. If there is no will, the assets will be distributed among the rightful heirs as determined by the probate process.


This process is overseen by the probate court. A probate attorney represents the decedent and/or the benefactors of the will in the court, and helps ensure that things proceed smoothly. To avoid any complications due to conflict of interest, ethical rules state that the probate lawyer cannot be included in the will as an heir.


The probate attorney also looks into probate sales for properties/homes.


Probate Sales


Probate sales for homes/ properties occur when the proprietor dies intestate. When the proprietor dies without a proper will, the government takes over and looks into the managing of the property.

Probate sales have gained popularity and have increased in number owing to the fact that probate sale homes/properties are priced lower than the standard market prices. However, the flipside is these transactions take longer to process. This is because a probate sale transaction is considered complete and you will come into possession of the property only after the court has collected the assets, liquidated some of it, and paid the taxes as well as debts, if any from the revenue generated through the sale


Why You Need a Probate Attorney


In cases the deceased has already made a will, and there is question about its validity, you need to prove the same in the probate court. This can be a complicated process that requires attorneys with knowledge, expertise, and experience about the subject. This is where Valley Estate Planning steps in. Our experienced probate attorneys will support you right through the process of proving the validity of the will as well as representing you in the court. In cases where the owner dies intestate, then you need the right probate attorney to fight for and prove your right over the property.


Feel free to contact us if you have any questions regarding the probate process and/or if you are looking for any probate related services. We always recommend that you have your will ready in due time to avoid putting your family through procedures that might be hard on them. We also provide services for estate planning and preparation of will. You can be rest assured with us that your case is in the right hands. We assure complete confidentiality.


Valley Estate Planning ensures an efficient representation in the probate court for you through hard times.

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