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What Happens When An Estate Goes to Probate

April 12, 2012 | Comments: 0 | Views: 185

When someone dies intestate, it does not necessarily mean that all of the deceased's assets and liabilities should go unaccounted for. Beneficiaries of the deceased could seek legal advice from a probate lawyer knowledgeable enough of the laws governing this field of expertise.

Without a properly drafted legal will, the deceased will not be able to distribute their estate the way they want to. Moreover, the supposed beneficiaries of the deceased will not be able to receive what is duly theirs. As such, in order to avoid these complications, it is very important to prepare a legal will before the inevitable happens. However, should it not be prepared, beneficiaries could still go into a probate court and seek legal assistance in claiming their rightful inheritance.

Usually, probate is applied over large estates or money that is of significant amount. However, it must be noted that laws concerning probate differ from one state to another. That is, a state may set a different standard to determine whether an asset is significant enough to warrant a probate. As such, when wanting to seek probate, it is important for a deceased's beneficiaries to seek legal advice from a probate lawyer that is knowledgeable of the state's laws.

Probate is usually applicable to situations where the deceased died intestate. However, there are also other situations where probate applies. In addition to not having a will, probate is also seen as the best possible choice when the deceased does not leave a will that is duly recognized by the court. Aside from these, probate is also required if assets belong solely to the deceased, or to a joint tenancy or tenant in common. Lastly, probate is required if the deceased has no appointed beneficiaries of all their assets.

Once a probate is established, the process of estate administration begins. That is, this process is done in order to distribute the recovered assets to heirs duly recognized by the probate court. The whole process of probate and estate administration may be very challenging for someone who does not possess enough knowledge of the legalities concerning these issues. As such, it would be best to seek legal advice from a probate attorney who acts as an advocate on the client's behalf. Requesting for probate is essential in order to account all of the deceased's assets and liabilities. Without this, the beneficiaries of the deceased will not be able to receive what is rightfully theirs.

So if you're needing the guidance of someone who is experienced and Board Certified in Texas for Lufkin Probate and Estate Administration, please visit the website of Attorney Jason Armstrong and get help today.

Source: EzineArticles
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