Probate Law Process

    

When a person passes away, their estate goes into a process known as probate. Under the probate process, which varies from state to state, a will is examined, approved or rejected, and the assets are divided up based on the terms of the will or underlying law of the land. Probate attorneys will help to make this process run more smoothly for a family who is coping with the loss of a loved one, particularly when the will is being contested by the state or family members.

Why the State Rejects Some Wills

There are strict guidelines that surround wills and the advent of will writing software is actually causing more problems. For example, some states require two witnesses to be present during a will signing. Not adhering to this standard may lead to a will being rejected. In addition, spouses of the departed are required to receive base levels of the estate with certain minimums. These amounts vary from state to state and may be a minimum dollar amount or percent of the estate. If these minimums are not adhered to in the dictates of the will, then the state can reallocate amounts to adhere to these standards. Sometimes individuals will contest a will and indicate that the terms of the will are not what the person intend, either due to a loss of their mental faculties or due to duress caused by a person or organization

How a Probate Attorney Can Help

A probate attorney can investigate the terms of the will and help to organize the process in a way that best benefits his clients, typically the family of the departed person. The probate attorney can either be hired to support or contest the will and identify problems or support for the terms of the will. A probate law virginia attorney is useful even when a will is not being contested as they can speed up the process.