Probate 101

Helpful Information Regarding Probate and Estate Planning

If you are looking for information related to probate, estate administration, estate planning and related topics, you have come to the right place. With a better understanding of these matters, you have the ability to make informed choices regarding your family's future and the protection of your assets and interests before, during and after probate. We have highlighted several of the key topics covered by this website – you can get more detailed information by reviewing the links listed to the right of the screen, or by using our directory to find a probate attorney near you.

Guide to Hiring a Lawyer
Finding the right lawyer for your particular case can be a complicated undertaking. Particularly because probate is a legally complex and emotionally charged process, you need a lawyer who can address your unique needs. Click here to read more about finding the right probate lawyer.

Understanding Probate
What is involved in probate? Will your loved one's estate need to go through the probate process? You may have a number of questions related to probate, and the best way to get accurate answers based upon your particular situation is by discussing the matter with an attorney in your area. Click here to read more about probate.

Avoiding Probate
There are particular situations where you may be able to avoid probate, meaning you may be able to avoid the time, expense and stress that can be involved in these proceedings. Whether you can avoid probate will depend on where you live, the value of the estate and other factors. Click here to read more about avoiding probate.

Probate Litigation
When a dispute arises during probate, this may result in litigation. Probate litigation may arise from a will contest or a claim that the executor of the estate is failing to uphold his or her duties. Legal counsel is all the more important in these situations, as the potential exists for the case to be drawn out, the will to be declared invalid or a beneficiary's right to assets to be revoked. Click here to read more about probate litigation.

The Probate Process
The probate process essentially involves determining the validity of a will and then executing the distribution of assets according to the will. Appraising assets, paying creditors and distributing assets may all be involved. Specific proceedings will vary depending on the jurisdiction. Click here to read more about the probate process.

When There is No Will
What happens when a person dies without leaving behind a last will and testament? In these cases, state intestacy laws may apply. These proceedings are more likely to be complicated, particularly if numerous heirs claim that they have the right to receive assets or property. Click here to read more about dying without a will.

Estate Administration
Estate administration is a process that occurs when a person dies. Their estate must be appraised by gathering and determining the value of all assets and property. Creditors must be paid. The remaining assets will then be distributed amongst beneficiaries. Click here to read more about estate administration.

Estate Planning
Estate planning may include drafting a will and setting up trusts, mitigating estate taxes and taking other actions that will not only protect one's assets but that will ensure their loved ones are taken care of when they are gone. Planning for the future is crucial, regardless of your age, health or the assets that you may have. Click here to read more about estate planning.

Asset Protection
Asset protection is a key part of estate planning. It can help ensure that your hard-earned money is not needlessly lost to estate taxes and that the assets you wish to pass on to your loved ones actually reach them. Click here to read more about asset protection.

Planning for Estate Taxes
Depending on the value of one's estate, it may be subject to estate taxes. The amount will vary depending on the state. Estate planning may include working out a detailed strategy that will minimize estate taxes so beneficiaries can actually obtain the inheritance they were meant to receive. Click here to read more about estate taxes.

Power of Attorney
A power of attorney enables another to act on one's behalf in certain situations, such as if the individual is seriously injured in an accident, falls ill or is otherwise incapacitated. By setting up a power of attorney, one can feel confident that his or her interests will be properly protected even if the unexpected occurs. Click here to read more about powers of attorney.

Setting up Trusts
Setting up one or more trusts may prove an invaluable part of the estate planning process. A trust can protect one's assets and can also help ensure that property or assets pass on to a beneficiary without suffering significant losses due to estate taxes. Click here to read more about setting up trusts.

Wills and Trusts
Wills and trusts are closely related to probate and estate planning. Whether these need to be set up or are contested during probate, it is helpful to have a skilled lawyer who can protect one's interests. Click here to read more about wills and trusts.

Last Will and Testament
A last will and testament is a legal document that allows a person to essentially outline what will happen with property and assets upon their death. The person will name an individual or individuals to manage the estate and will specify how property and assets will be distributed. Click here to read more about wills.

Living Trust
A living trust is a type of trust that is created while you are still alive. With a living trust, the property placed in this trust will avoid probate and will therefore ensure the proper and swift distribution of assets when you pass on. Click here to read more about living trusts.

Trust Administration
Though a trust avoids probate, there are still particular steps that must be taken to administer the trust. This may include addressing taxes, paying creditors, informing beneficiaries and distributing assets according to trust provisions. Click here to read more about trust administration.

Trust Litigation
A claim or lawsuit may arise pertaining to a trust and whether it is legally enforceable, whether it was obtained under undue influence, and whether it is being properly managed. An attorney can assist a trustee or beneficiary in legal proceedings related to a trust. Click here to read more about trust litigation.

Will Contests
What happens when the validity of a will is challenged? These proceedings are typically referred to as will contests and may involve allegations that a will was created or signed while the testator was under the influence of another person or was mentally incapacitated. The will itself may be considered invalid if it is not properly signed or witnessed. Multiple wills may further complicate matters. Click here to read more about will contests.

Probate FAQ
Getting accurate and helpful answers to your questions about probate may make all the difference in your ability to make the right choices about your case or even hiring a probate attorney in the first place. We have compiled common questions and answers to help you get the information you need. Click here to read our probate FAQ (frequently asked questions).

If you would like to learn more about probate and the many topics related to this important subject, click here to find a probate lawyer near you.