If you or someone you love is planning their estate, it’s important to familiarize yourself with the probate process. will determine the future of your assets, which means you’ll want to take every possible legal step to secure your estate for the next generation.
Probate is the process by which a person’s estate is divided up after they die. During this process, a judge will verify that the will is legitimate and legal. The person’s last wishes are carried out, assets are distributed according to the will, and any debts are paid by the estate. A will may also be contested at the probate stage.
If you are to become the executor of the estate, you will need to obtain the death certificate of the deceased. You will then need to petition the court to become the executor. Once the last will and testament is deemed valid and you are named executor by the probate court, the estate can be divided.
Probate is needed in every estate court case. Even if there is a will in place, the probate process is necessary in order to ensure that the distribution process is carried out fairly and according to the deceased’s wishes.
In some cases, a will might not be valid due to legal or regulatory reasons. When this happens, or if the deceased does not have a will, it is the that will decide how to divide up the assets.
Absolutely. A probate attorney can help guide you through the probate process and will ensure that you receive the assets that are due to you. If you are planning your estate, our estate planning lawyers can help you establish a will that the court will uphold.
At Peterson Paletta Balice, PLC, our Grand Rapids probate attorneys can help you put together the documents you need to protect your estate. Call our office at (616) 957-3540 to set up a consultation.