After losing someone you love, hiring a probate lawyer obviously isn’t the first priority. However, it’s an important step in the process of getting closure and moving forward.
What is probate?
A probate lawyer will assist you and other members in dividing up the estate and possessions of your loved one. If your loved one had a will that is valid, everything will be divided according to their wishes. However, in the case that there is not a will, or it is invalid, a probate lawyer will assist in distributing the property accordingly.
What is the process?
A South Carolina probate lawyer will help you through these steps:
- Forming an estate
- Appointing someone to represent that estate
- Confirming the will’s authenticity—if there is one
- Taking inventory of all assets
- Notifying all beneficiaries and creditors
- Paying all debts and tax obligations
- Preparing a Deed of Distribution, and filing it
- Distributing the estate accordingly
This process can be very drawn out, especially if the will is hard to find or found to be invalid. That’s why hiring a lawyer sooner rather than later will make the process that much smooth.
Conflicts can arise within the family, especially if you are working without the guidance of a probate lawyer.
The costs and delays that come along with probate are entirely avoidable. A South Carolina probate lawyer will help you and your family members build an estate to avoid probate court and work everything out on your own terms. This is usually done with the use of a trust.
It’s important to realize that some assets may be transferred automatically when your loved one dies, and probate will not be needed. To determine if this is the case, a South Carolina probate lawyer will assist in finding and filing paperwork.
The best thing to do is to avoid probate all together. This can be done by encouraging your loved ones to set up valid wills and trusts, and by communicating with family members. During the troubling time following the death of a loved one, stress and emotions are very high. A probate lawyer will assist you and your family in setting up the necessary things and lay out all the details for you in a simple manner.
The right lawyer can help you avoid conflict and further emotional stress. They can also help you avoid probate court, saving you time and money, and helping you move forward quicker.