PROBATE

What is Probate?

When someone passes away, that person’s assets—like a house, bank accounts, or personal belongings—don’t automatically go to that person’s loved ones. That’s where probate comes in. Probate is the legal process that makes sure a person’s Last Will & Testament is followed (if they had one), debts and taxes are taken care of, and everything else is distributed accurately and legally. It can feel overwhelming, especially during a difficult time, but you don’t have to go through it alone. We’re here to help you understand what to expect and guide you every step of the way.

 

Some people are surprised to learn that Wills do not avoid probate. On the contrary, reliance on a Will to distribute a person’s assets leaves that person’s estate in a position where probate is unavoidable if assets have no beneficiary designation or joint owner.

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Can Probate be Completed Without an Attorney?

While legally it is possible to handle probate on your own, most people find the process more complicated and time-consuming than expected—especially when grieving the loss of a loved one. Let us help you navigate probate with confidence. Contact Snyder Elder Law & Estate Planning today to speak with a probate attorney who understands your needs.

 

Be advised that when you handle probate administration on your own without the guidance of a legal professional, you are taking on many risks. For example, an executor of an estate is held personally responsible for errors made in the administration of an estate. If you distribute estate assets too early, you can be required to cover any later expenses out of your own pocket. Likewise, there are forms and deadlines that must be met appropriately otherwise you risk penalties or delays, and family disputes or misunderstandings can lead to costly and/or stressful conflicts.

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How Does the Probate Process Work?

Common steps involved in the probate process include:

• Filing the Will with the appropriate court

• Taking an oath to serve as the estate’s personal representative and receiving short certificates from the court to authorize you to transact on behalf of the estate (other terms may be used depending on your jurisdiction such as letters of authority, letters testamentary, letters of administration—all dependent on type of estate and location)

• Notifying heirs and potential creditors of the estate

• Inventorying assets

• Establishing a new federal tax identification number for the estate and opening an account in the name of the estate from which to pay bills and distribute assets

• Paying debts and taxes, including inheritance tax if in Pennsylvania

• Distributing the estate’s assets

• Closing the estate

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Can Probate be Avoided?

With proper proactive planning, you can establish a legal strategy to allow your estate to avoid probate when you pass away, which can reduce, and sometimes eliminate, the burden placed on your loved ones after you pass away.

 

Contact our office to schedule a consultation today to discuss ways of avoiding probate effectively for your family’s future benefit.