The term probate proceedings refer to regular court proceedings that are initiated after the court receives the testator’s death certificate or an excerpt from the register of the deceased. This is a procedure that is usually carried out in the last place of residence of the person leaving the money or some other form of inheritance and is carried out by the municipal court. Only in certain cases, it can take the place where the majority of the deceased’s estate is located. A hearing is scheduled for the probate hearing to which the court invites interested persons, as well as persons who could legally claim the right to inherit in the event of a will and the executor of the will if appointed.
Which is determined in probate proceedings?
When it comes to proceedings, the heirs, the composition of the estate, and the rights belonging to individual heirs and other persons should be determined. If there are no disputed elements, the probate procedure is short and the decision is issued within a month. However, if there is a dispute between the heirs over the inheritance, then the probate proceedings are terminated and the heirs are referred to litigation, which can significantly prolong the completion of the entire proceedings.
How can a lawyer help you if you have any ambiguities regarding probate proceedings?
A number of ambiguities may arise for the party even before the initiation of the probate proceedings, but also after its completion. For example, you have information that the testator made the will under threat or use of force, you are designated as the executor of the will and you do not know what your duties are and whether you are entitled to any reward. Or some property was subsequently found that was not covered by the final decision on inheritance….
You may need a probate attorney in many cases, and these are some of the most common.
Divorce
Family relationships can often be complex, complicated, unstable and each family member has a special role that is not simple. Different values have different meanings for one or the other, the feelings of one spouse are expressed in a different way than is the case with second, different views on the future, disagreement of nature, are just some of the reasons for a shipwreck in marriage. Providing legal advice in divorce disputes, annulment of marriage, maintenance of children and spouses, division of property acquired during the marriage, recognition of paternity that is, maternity, representation in proceedings related to deprivation of parental rights, proceedings for deprivation of legal capacity, and appointment of a guardian is something you will certainly need in such situations.
What you can expect from your lawyer is to provide legal advice in the field of inheritance law: submitting a request to initiate probate proceedings/probate proceedings, representation in probate proceedings in the presence of the client, or based on a power of attorney without the client.
Death of a close family member
Losing a parent or any family member is difficult for any individual. At that point, the bereaved often have to face the issue of the deceased’s inheritance as well. If you have not arranged everything in advance, it can be an additional stress for you and your family. In developed countries, caring for property and finances even after death is one of the common steps in planning personal finances. The main goal of probate proceedings is to identify the heirs, property, and rights belonging to the heirs and other persons. When there are no disputed elements, the probate procedure is short and the decision on inheritance is issued within a month.
However, if a dispute arises between the heirs, the probate proceedings are terminated and the heirs are referred to litigation. In litigation, the probate procedure can take a very long time and be a big expense for the participants involved. According to ascentlawfirm.com, in this case, you should leave to professionals in this field, and it certainly is a probate lawyer.
You inherited something unexpected – debts!
It often happens that a deceased person, in addition to the property, also leaves debts such as outstanding overheads or credit obligations. Then the debts are transferred to the heirs, about which all interested parties should be informed in detail and promptly. A mitigating occasion is that the heirs are liable for the testator’s debts only up to the value of the inherited property. However, a problem can arise with probate proceedings. In this case, potential heirs must pay the debts due, although it is uncertain whether and when they will take possession of the property. Each heir covers debts in proportion to his share of the inheritance, but the disadvantage is that they are jointly and severally liable for the debts, which means that the creditor can demand fulfillment of the obligation from any heir or all at the same time, regardless of whether the inheritance is divided. The only way to avoid paying debts is to give up the inheritance at the probate hearing or to hire a probate attorney.
Where did the will go?
Although the testator clearly stated who was the heir to his property, the will was lost or destroyed. Yes, the whole process will take longer until all the necessary evidence is presented, after which the probate court will act in accordance with them. The assistance of a probate attorney is necessary in such cases.
Inheritance abroad
You inherited money from an aunt who lives in another country. As a result, the process of taking over the inheritance is further complicated, so legal assistance is inevitable.
Final thoughts
The probate dispute brings us a series of bad and good things alternately. It all starts with the bad, divorce, or death of a loved one, but ends with profiting. In the meantime, expect many extraordinary expenses, including the costs of a probate attorney. Still, consider it a good investment that will help you get what you are legally entitled to.
