Probate

Probate is a process through which a probate court oversees the administration of an individual’s estate after he or she passes away. The court will decide whether or not the deceased’s will is valid, ensure his or her debts are paid and distribute his or her property according to the will’s directives. When a loved one dies, with or without a will, important estate matters such as changes in property titles and completion of tax forms must be handled. During probate, the court supervises this process, transferring the property from the decedent’s estate to his or her beneficiaries.

Probate can be a lengthy and costly process, as probate attorneys must be hired to handle the court proceedings and disputes between beneficiaries of a will may ensue. According to a survey taken by the AARP, the probate process for a modest estate takes a year to complete. Probate is also an invasive, public process. Any interested party can see what the deceased owned and to whom he or she owed money. This process exposes your family to unscrupulous creditors and solicitors who use probate files as a source for new business. It also invites disgruntled heirs to contest the will of the deceased in court, increasing the time and cost of the estate administration. At Bezaire, Ledwitz and Associates, one of our primary goals in serving our clients is to ensure that their estates are planned correctly so as to avoid probate.