What are Common Issues with Probate?

What are Common Issues with Probate? While it is a legal process designed to protect the rights of heirs and creditors, it presents three major issues for the heirs:

A Probate is a process by which a court provides a degree of supervision and oversight; specifically to the administration of a deceased’s estate.

Too costly. In additional to mandatory filing fees, it is likely that the heirs to the estate would need to hire an attorney to represent them. Those fees will increase, significantly, according to the value of the estate.

Too long. Too often, the deceased leaves no explicit instructions, i.e. Last Will and Testament. Various parties will then have the right to contest the Probate process, like unsatisfied heirs or creditors. These contests prolong the time for the estate settlement considerably.

Too public. The Probate process is open to the public. Hence, the will of the deceased as well as their entire estate assets and value become publicly-known. But there is simple way to avoid all common issues with Probate by using one process called the Living Trust.

How Can an Experienced Probate Attorney Help?

Probate attorneys assist in the distribution and settlement of assets after a person passes away. Probate attorneys may be hired in situations where a will exists, as well as situations where no will is found. Having an experienced, compassionate California probate attorney can: allow family members the time they need to grieve without having to deal with court processes. We encourage you to contact Mark Gullotta, Esq. today.