Estate Settlement
Settling a loved one’s estate can often be one of the more difficult parts of handling their passing. While grief is already a heavy burden, sorting through legal and financial matters can add unexpected stress, especially if there wasn’t a clear plan in place. Fortunately, when estate documents are prepared in advance and legal guidance is available, the process can be far more manageable.
What is Probate?
Probate is the legal process used to verify a person’s will after they’ve passed away. But it’s more than just confirming a signature—it’s a structured procedure that ensures a person’s wishes are honored and that all legal requirements are met.
What Does Probate Involve?
The probate process can vary by state, but it often includes:
- Locating and validating the will (if one exists)
- Identifying and documenting all property and assets
- Valuing the estate’s assets
- Settling outstanding debts and taxes
- Distributing the remaining property to the individuals or organizations named in the will, or, if there is no will, to those recognized under state law
If There's No Will (Dying "Intestate")
When someone passes away without a valid will, their estate is handled according to state laws, not personal wishes. In most cases, only legal spouses, registered domestic partners, and close blood relatives can inherit under these laws, regardless of the nature of the relationship. This process is known as dying "intestate." To avoid confusion or unintended outcomes, it's important to create a will and other estate documents ahead of time. This helps ensure your belongings are passed on according to your wishes and reduces the burden on loved ones during an already emotional time.
The Value of Legal Guidance
Grief is hard enough without the added complexity of legal paperwork and deadlines. That’s why many families choose to work with an experienced estate attorney. Whether there’s a clear will in place or questions about how to proceed, a lawyer can provide the knowledge and support needed to guide you through each step.