BHMK Law’s physical office is now open and operating on a modified basis. Most of our attorneys and staff have returned to the office and are on site to serve your needs, while those who are not continue to work remotely and take advantage of the technology investments we have made over the last few years. We are limiting the number of persons in the office at one time and have created special protocols around client visits to the office. Please discuss your needs and our protocols with your attorney or staff member. We are proud to continue to serve you at this time and continue to prioritize the health and safety of our clients, staff, and attorneys.

Which factors can complicate probate?

| Feb 22, 2017 | Probate |

After the death of a loved one, one of the last things you probably want to do is navigate the legal system. Unfortunately, you will have to do this if your loved one’s will goes through probate, which most do. 

Probate is the process of validating a will and gathering all the information pertinent to the distribution of an estate. Depending on various factors, probate can be fairly simple and straightforward, or it can be lengthy and confusing. 

Some factors that can make probate more difficult include:

  • Significant assets
  • Complex assets
  • Challenges over the validity of the will
  • Difficulty tracking down heirs
  • Questions over property ownership

Factors that might make probate a little easier include:

  • A clear, updated will
  • Fewer assets to distribute, which could make an estate eligible for expedited probate
  • Establishment of trusts, which can avoid probate altogether
  • Having contact information, passwords and other personal information readily available
  • Few or no odd distribution requests

As you can see, the person creating a will can take many steps to ensuring the probate process goes more quickly and smoothly. Loved ones typically have less power to do so, outside of deciding whether to challenge a will or not.

Whether probate is expected to be lengthy or expedited, it can be crucial for the people involved to have legal support, from the person creating the will to the loved ones who receive (or should receive) a portion of an estate. Probate is a legal process, and there could be a lot on the line including assets, a loved one’s wishes and even personal relationships.

Make Your Appointment Today