Bella Vista Probate Lawyer – What is the Purpose of Probate? [Video]

What is the purpose of probate?

Hi, I’m Gary the founder of DeWitt Law. We help with Probate.  If you need help, go to DeWitt.law to schedule your free time to talk about your Probate needs.

The purpose of probate is to provide an orderly, overseen way to pay off debts, pay taxes, and distribute somebody’s final estate to their heirs and beneficiaries.

Probate is a court overseen legal proceeding that happens after somebody dies.

Probate includes:

• Proving the Will is valid and admitting it to probate if there is a Will
• Appointing somebody to oversee the process – the executor
• Identifying the property
• Inventorying and valuing the property
• Paying off debts and paying taxes
• Selling the property
• Distributing the property

Typically probate involves a lot of paperwork and appearances in front of a Judge. Depending on the Will, if there is a Will, the probate may require a Judge’s permission for everything, or the Judge may simply be there to open and close the case.

Without a Final Will, the Judge will have to give permission to do anything that involves selling or distributing the property. Without that permission, the executor can’t do anything.

Probate takes a minimum of around 8 months in Arkansas if everybody waives the right to an accounting and hearings.  About 1 month to get everything filed and the Judge to open the probate.  Then there is a 6-month waiting period for creditors to make claims against the estate. Once that is done, if everything goes right, about a month to close.

If even one person does not waive their right to an accounting, it adds another mandatory 60 days to the process plus the time it takes to prepare the accounting. If even one person does not waive their right to a hearing, then every time a Judge needs to approve a step, there must be a formal hearing and notifications sent out via costly certified mail.

The purpose of probate is to provide an orderly transition.

We can help you get through probate step by step. Go to DeWitt.law to setup your free time to talk.