The Steps Of Probate For A Legal Will

by | Feb 19, 2013 | Law And Politics

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Probate is the legal process that precedes the distribution of an individual’s will. During this time, all claims and challenges are resolved and all property is distributed under the will. The probate period is often relatively quick and painless for all parties. However, if an individual dies with no will or only a partial will, or if any of the claims in his or her will are contested by the heirs.

An attorney who deals with cases of probate in Columbus, Ohio can make sure that your will is in accordance with the law and the probate period for your heirs will be as short as possible. These are a few of the topics they can help you address.

Making a will
A valid will is required to contain certain specific words or phrases in order to make its contents legally binding. A probate lawyer can help you ensure that your will is recognized by law and that any heirs who want to contest its contents have less of a case to do so.

In the event that an individual dies without a will, or with the will only partially completed, a probate lawyer may be asked to act as a mediator amongst the heirs so that everyone can come to a settlement and the case can stay out of court.

Paying debts
If you die with outstanding debts, then you may be required to relinquish part of your estate in order to cover them. This depends upon how many assets you have at the time of your death and the nature of your debts. However, before your assets can be distributed to your heirs, all your debts must be paid.

A professional who understands the probate process can help you or anyone that you have granted power of attorney work through your debts and create a realistic estimate of how much you will have left over after this step of the probate process.

Distributing property
After any and all debts have been determined, the next step of probate in Columbus Ohio is to distribute property to its new owners. This includes the reading of the will and passing on of assets to heirs, as well as the establishment of any legal trusts that may be specified.

The designated executor of the estate is generally the one to perform this final and vitally important step.

AlerStallings Law Firm have experienced lawyers for probate services in Columbus, Ohio. If you have probate court process problems visit them now.

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