While hiring a lawyer is always a wise decision for any legal matter, handling a probate without a lawyer is possible in the right circumstances. The combination of a large estate and a variety of assets often creates a need for legal assistance, but simple estates can be managed independent from a lawyer with the right research and enough patience.
Is The Executor Ready?
Being the executor of a will holds a lot of pressure for any individual. Before agreeing to the role, a person should make sure he or she understands the role and is prepared to make challenging decisions along the way. The executor can work directly with the probate court, although having a lawyer is often helpful for the process. However, a lawyer isn’t required to successfully navigate the probate process.
How to Deal with Contests
Occasionally, family members will raise suspicions and contest the wishes laid out in a person’s will. When this happens, the executor should immediately consult professional advice from a probate lawyer. Contests often create complex situations centered on complicated legal processes. Nevertheless, executors who strongly feel they understand the intentions of the will can proceed without a lawyer.
Transferring Assets
When assets can be transferred outside the probate, a lawyer is not necessary. However, some individuals do not do probate-avoidance planning before their death, which creates tricky situations involving their assets. Assets with a joint tenancy, survivorship community property, living trust, or clearly identified beneficiary can bypass the complications of probate. When assets have no clearly assigned intentions connected to them, it leads to a challenging legal process.
Dealing with Accounts and Taxes
Executors equipped to properly handle the financial complexities of a will can certainly survive the process without a lawyer. The executor’s first priority is always settling debt. Some deceased may leave their family with extensive outstanding debts, which is a common part of probate.
This also requires investigating existing bank accounts, credit, the estate’s assets, taxes, and more to identify the best route for successfully paying off the debt. When there are enough resources to cover the debts completely, legal assistance is valuable for the executor as he or she decides on the best approach to take in eliminating the debt.
Start Planning Now for the Future
Taking certain steps towards avoiding probate is helpful for family members responsible for handling matters after death. Being considerate in this way helps minimize the time spent proving the will and gives friends and family more time to properly grieve and heal.
To make the process easier on relatives, consider creating a revocable living trust, opening pay-on-death accounts, and setting up joint ownership. Making proactive decisions now will make this process easier on your family in the future.
*Image courtesy of freedigitalphotos.net
