Probate

A lot of people want to "avoid probate", but what the heck is probate? It is an administrative procedure defined by state law and supervised by the court to insure an orderly and legal transfer of the deceased's property in accordance with a will or intestate statutes. In some countries possession is 100% of the law and people can grab as much as they can.

Unfortunately, some people here act the same way. Inprobate, the court determines whether a will submitted is valid. In an estate without a will, the identity of the heirs is determined and could be challenged. The statutes define certain property protected from creditors and the manner in which the protection may be claimed. The statute provides the order in which expenses and debts are paid. It requires proof that the deceased's taxes are paid. It is important to note that the deceased's heirs do not have to pay the decedent's debts unless they have signed an agreement to do so. If the decedent's debts exceed his assets, the assets will be applied to the debts until depleted and the heirs take nothing. But the heirs do not take on the unsatisfied debt.

Probate provides due process to interested parties. If there is a conflict among the heirs, the claims and challenges are generally brought in probate. These can include challenges to the validity of a will, a marriage, paternity of a child, qualifications of the personal representative, questions of asset management as a few examples. But even absent probate of an estate, if these conflicts exist, they usually will wind up in court.

For a smooth probate process, the Personal Representative selected should be a person (or trust company) with proven skills in organization, time to devote to the job, emotionally stable, and motivation to complete the task. Equally important is choosing an-attorney with probate experience.

So why do people want to avoid probate? Besides the time constraints in the procedure, it's mainly to avoid paying legal fees.

Whether you are looking for a comprehensive estate plan or you want help through the probate process, you want a lawyer who will answer your question, handle your concerns, and offer you sound advice based on years of experience.

From her offices in Coral Gables, attorney Susan E. Durré is dedicated to helping her clients make good decisions for themselves and their families. When you walk into her office, you will feel relaxed and ready to make an informed decision.

Coral Gables Estate Planning & Administration Attorney

Please call (305) 444-4042 for further assistance.