Updated 5/25/22.

A wills and probate lawyer is essential in executing and administering an estate left behind by a deceased. Probate lawyers, also known as estate attorneys, aid non-lawyer clientele on how to administer an estate.

Probate formally and lawfully recognizes a will and provides the power to subdivide the deceased’s estate per the will’s instructions. The will stipulates how a deceased would have wanted the estate shared out. But, the big question is, how do you find out the executor of an estate? The deceased will often name the executor of an estate or is appointed through the probate process to dispense the estate to the proposed beneficiaries.

Can you probate without a will, you may wonder? Probating without a will is possible. If a person dies intestate, probate still happens. However, the inheritance rules, known as intestacy rules, are utilized to distribute the deceased’s estate.

Probate can be expensive and may delay the distribution of an estate to the beneficiaries. So, how can probate be avoided? You wonder. You can write a living trust, name your beneficiaries on your retirement and bank accounts, and hold property jointly to avoid probate.

Probate problems

If you are faced with the task of sellling real estate in probate, it is very important that you know some guidelines before you get knee deep in the process and wind up pulling your hair out. The entire idea of sellling real estate in probate is to honor the deceased owner of the property, satiate all the parties who could lay claim to said inherited real estate, and make sure that the money is simply divvied up fairly rather than fight over who gets to keep all of the probate real estate when there may not have even been a will involved. Getting help with sellling real estate in probate will keep things open and honest before they turn south and get ugly.

The sale of inherited real estate is meant to sell off any property that was owned by the deceased immediately following their death. Once the sale has been made, the probate cash can be divvied equally among any next of kin or people with equal claims of inheritance. By making the sale and keeping everything out in the open, it will be hard to say that you or any other party is trying to backstab anyone else who is involved. The last thing that you should want to see happen is for everyone to bicker and swindle each other over some property. If you keep it fair and keep it public, there will be no cause for such behavior.