Reputable Probate Attorney Serving Fayetteville Families
Probate is the legal term used for the process through which a deceased person’s estate must go through in order to tie up all loose ends and distribute assets to those named in their will. Probate is conducted by a judge and has the potential to be quick and easy, or drawn out and unsatisfying. We help clients take measures to avoid a stressful probate process after they’ve passed, as well as helping people who feel they should inherit assets from a loved one who failed to create a will before their death.
Do All Estates Go Through Probate?
Not all estates endure a formal probate, but most do. For example, if your preferred method of estate planning is to create one or more trusts, they will not be subject to the probate process. Estates that are enumerated in traditional wills are required to be probated.
The Importance of Leaving a Will
When you craft a legal will, a judge in charge of probate will distribute your estate in exactly the manner stated in your will. This is the best case scenario, and the one we recommend to our clients when they are considering estate planning.
If you do not leave a will, the presiding judge has full discretion over how your assets are divvied up. Most judges distribute assets to the closest kin because that is what most people want. This includes property and business ownership. If you and a partner own a company, you most likely would want your partner to inherit all of your shares, instead of, say, your brother whom you aren’t close with and has no relevant experience.
The above example shows the kinds of situations our loved ones can find themselves in if you pass away without drafting a will. If your loved one recently passed away without creating a will, you may be facing the uncomfortable situation of proving you deserve to receive some or all of their assets. Unfortunately this happens frequently and is often the case when someone passes away suddenly or unexpectedly. We can help you prove your claim.