Probate is a daunting task for many individuals in Louisville, Kentucky. They are worried about the legal costs involved and potential conflicts among their heirs. There are some special circumstances where a small number of people do not have to go through the probate process. But in most instances, it is a helpful process that people should not want to avoid.
What is probate?
Probate is the procedure by which a government validates and processes the legal demands in a will. The court system notes the deceased person’s assets and keeps them secure. The court decides if the will that disseminates those assets is legitimate. They may review multiple wills or handle updates or changes to a will if those changes are relevant. Every party to the probate process may hire an attorney to argue their case. The judge helps ensure that property is distributed according to the court’s decisions. Probate is closed once all of the property is distributed and time has elapsed for all potential challenges to the will. The process may take between a few months to several years in some extreme situations.
Probate exceptions
There are some instances in which a person does not have to go through probate. One situation is if they have no assets. In that case, there is no need for a court to make decisions about the distribution of the person’s assets. Another instance is if an individual owns all their property jointly with another. In that case, the other individual would simply retain full possession of the deceased’s property.
Even in those situations, going through probate may end up being the best choice. Probate helps ensure that the distribution of their estate best meets a person’s wishes. In addition, the inconveniences involved with probate are frequently worthwhile.