Typically, probate is only necessary when assets value more than $50,000, but it’s still vital to recognize what this process is and what it means for your assets and loved ones. The Surrogate Court in the county in which the person passes handles the probate process to determine the validity of the will and ensure it’s properly executed.
A will is only valid if it is signed with two witnesses minimum present. Each witness must also sign to declare that the other witness was there. If the person who makes the will is also deemed incompetent or under duress, it can negatively impact the will’s validity. As you go through estate planning, you should understand the probate process and how you can take steps to protect your loved ones and assets moving forward.
Understanding the Probate Process
Can I Protect My Loved Ones from Probate?
You can protect nearly any asset by creating a living trust. With this legal document, you can name someone who will become the trustee and take over the trust after you pass away. As a result, you transfer ownership of the property within the trust. After your passing, the terms of the trust come into effect, and the successor trustee can begin to transfer your assets to the beneficiaries you name within the trust. Best of all, this allows your loved ones to avoid probate court proceedings, and your decisions and final wishes are seen through as you intend.
Navigating the State’s Probate Court
At The Law Office of Nicole Israel, PLLC, we work to provide you with the comprehensive legal services you need during a difficult time. We know what probate means for someone’s estate, and family members deserve the right to grieve after losing someone they love. They shouldn’t have to worry about the probate process and other obstacles that can arise. Our probate lawyer will be there to help you every step of the way, giving your loved ones peace of mind when it matters most.
Ready to discuss your options?
Call us today and learn more about our services. We’re here to help you!