The probate process is the final court proceeding in which the deceased person’s estate plan is realized. Probate must occur before assets can be distributed to the beneficiaries, and it can be difficult and time-consuming. There are many potential delays and things that could happen to derail probate. The best thing that a personal representative can do is to hire a Troy estate and probate lawyer to help with the process. 

Why is the Probate Process Necessary? 

When someone passes away, they leave certain property in their estate. They may also have other matters that need to be addressed, such as other expressions of final wishes and who may take care of their minor children. All of these matters are legal in nature, and they need to go through a court process before they can become finalized. This process is known as probate, and it is what must happen before the estate can be closed and the property transferred to the beneficiaries. 

What Happens During Probate?

There are many things that must happen in probate before the process can be closed and the property distributed to the beneficiaries. There are several key purposes of the probate process that must be accomplished:

• The will must be submitted to the court and validated
• All estate property is located and inventoried
• All interested parties, including creditors, are notified of the probate proceedings
• Valid claims against the estate must be paid
• The property is retitled and transferred to the beneficiaries

How Long Does the Probate Process Take?

It is difficult to give an exact timeframe for how long the probate process will take from beginning to end. The only thing that is true in every circumstance is that probate can take a considerable amount of time. You should expect the process to last at least six months. Probate can take even longer if there are large estates involved or other challenging issues. The one thing that you have in your power is to minimize the mistakes that can add delays to the probate process, and you can do that by hiring an experienced attorney for your case. You can also work together as a family to gather necessary information and work through the probate process, although the personal representative has the overall responsibility for the probate. 

What Can Go Wrong in Probate?

There are many things that can happen in probate that can make things difficult for a family and a personal representative. For example, individual family members may be upset with the terms of the will, and they could seek to challenge its validity in court. Then, your family would become embroiled in difficult probate litigation that can be costly and time-consuming. Things can escalate quickly when emotions take control, and turning to an experienced probate lawyer can both protect your interests and potentially lead to a solution to the issue.

Mistakes in the paperwork can also lead to delays. The court wants to ensure that all of the necessary paperwork is correct, and a judge may reject any filing that does not adhere to the law. When filings are drafted and made by an estate and probate lawyer, it reduces the chances that errors can delay the probate process. 

Why Hiring a Probate Attorney Makes Sense

There are various people who have an interest in probate, both inside and outside of your family. Depending on the situation, each person may have interests that need to be protected. The personal representative may even face liability if they are found to have violated either the duty of care or loyalty that they owe to the beneficiaries. For their part, the beneficiaries may take issue with actions that the personal representative has taken.

It makes sense to hire a probate attorney, even in situations where there may not be a conflict. Obtaining legal help from a probate lawyer simply makes things easier for the personal representative to effectively do their job. Even though probate can take a considerable amount of time, there are fewer worries that there may be delays due to mistakes or other things going wrong. You should not have to deal with any of the onerous requirements of probate on your own. 

Contact a Troy Estate and Probate Lawyer

When estate or probate matters feel complex, having the right legal guidance can make all the difference. A Troy estate and probate lawyer at the Law Offices of Brett H. Pritchard can help you manage the challenges of probate, protect your rights, and ensure assets are distributed properly. With personalized counsel and trusted experience, you can move forward with confidence. Contact the Law Offices of Brett H. Pritchard today at 254-781-4222, or send us a message online, to schedule a consultation and get the clarity and support you need.