Probate Law

Probate is the legal and judicial process where a will is confirmed to be valid in a court of law and accepted as a legal public document. Probate  deals with the assets and debts left behind after someone dies. Typically probate is overseen by a court of law that specializes in this area, called the probate court. Whether probate is necessary depends on what property the decedent owned and how it was held, and on the law of state in which the decedent died and the laws of any states where the decedent held property. A probate attorney can be a valuable part of the process protecting both the estate as well as any individuals who stand to inherit assets.

Probate normally begins when the deceased’s representative files paperwork known as a petition along with the death certificate in the probate court. The process generally ends when the court formally closes the estate.

So what exactly does probate help clarify?

• Proving if a will exists and is valid
• Choosing who will be the executor of an estate 
• Totaling all assets
• Ensuring all the required taxes are paid.
• Paying all applicable debts.
• Identifying and contacting all heirs and other relatives
• Allocating assets to the heirs as instructed in the will or a state law requires.

If there are no issues with a will is probate court needed?

Normally, no.  Every once in a while there are instances when heirs or other creditors may mount a challenge . For example; asserting that they are entitled to more than what has been left for them. When this happens a probate court decides whose claims and makes the final allocation of assets. If there are creditors they must notified of the probate proceedings. They are required by law to make claims in a timely manner. Should they fail to do so, their claims are extinguished. It is reasons such as this that a probate lawyer is important.

We know this can all be a confusing topic to sort through. That’s why we have Port Huron’s best probate attorney’s ready for you to contact us!