You know that having a will is essential in order to protect your family once you die. Although it was difficult to face the reality that you may not always be with them, you went through the proper will-making procedures to secure your family’s future. You had a lawyer draft your will, friends witness you signing it, and you even had it notarized to ensure its legality. However, now what?
What happens to the will now? If you die tomorrow, where does it go to guarantee your wishes are carried out?
Probate: The First Step Toward Implementing Your Will
As a general rule, a will has no legal effect until it has gone through the process of probate. Probate is the first process that your will must go through before its contents are distributed. A probate court will establish the validity of the document to ensure that the wishes contained within are indeed your last requests, and no one else’s. Once the court accepts that the document is legal, it officially appoints the named executor—the person you requested in the will—and hands the document over to them for completion.
Unfortunately, as in most legal proceedings, before the court can sign off on the document, it must follow certain administrative regulations. These regulations include:
- Notifying creditors and publishing legal notices to make sure all outstanding debts are accounted for.
- Teach executors how and when to distribute assets, as well as how to take creditors' rights into account.
- Possibly file a petition to appoint a personal representative if an executor is unnamed or unable to perform his duties under the law.
- Determine tax deductions from assets in the estate.
Making Sure Your Will Goes Through Probate Without a Hitch
You never know what issues may come up after you’ve gone. However, it’s a guarantee that by then, it’ll be too late to do anything about it. Thankfully, with our help, you don’t have to worry about it. Call us today to review the legality of your will. Not only will we make sure your will is valid and secure for probate, but we’ll give you the added confidence and serenity that comes with knowing that your family will be protected. Call now to get the assurance you and your family deserve!
Make sure your family and friends are aware of the intricacies involved with executing a will. Use your social media to share this page with them via Facebook, or tell them to contact us directly to discuss any potential questions or concerns they may have about their own wills. We’ll be more than happy to help them get the comfort we hope to give to you.