Do You Qualify for Social Security Disability?

A Probate Attorney Can Help You Avoid A Delay

30 July 2020

Deann Miles

When an individual dies with a will in place, the beneficiaries listed on the will do not instantly receive these assets. There is instead a legal process that must take place; this process is known as probate. Many people find it disheartening to discover that even though their name is listed as a beneficiary to an asset, it can take some time before they can legally take possession of the asset. Fortunately, working with a probate attorney can often help you reduce delays with the process. 

Filing Paperwork

You have the will in place, there should not be any additional paperwork you need to begin and complete the probate process, right? Not exactly. In order to submit the will and have the probate process initiated, there is legal paperwork that must first be completed. 

Keep in mind; this paperwork is extensive and if there is even a single error it can bring the entire process to a halt before it even has the chance to begin. 

When you work with a probate attorney, he or she will compile, complete, and submit the right paperwork on your behalf so that the risk of an error is absent, and the paperwork is processed correctly. With no errors, there is also no risk for a delay in this part of the process.

Failure to Notify

In some situations, a part of the probate process also includes notifying all parties that are included in the will. However, naturally, some people see their name on the will and assume that as long as they are involved in the process, they should be able to collect whatever assets were passed down to them and that it is the responsibility of everyone else to do the same. 

The goal of the court is typically to settle an entire estate at one time. They do not want to engage in several different probate processes for each person listed in the will. As a result, before the process can move forward, you may be required to notify everyone else included on the will if you are the only person in possession of the will. 

Before moving forward with the probate process, your attorney will review the will to determine which parties need to be notified and ensure this step has been completed. 

If you need assistance with the probate process, contact an attorney will be more than happy to guide you through the process.

 

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