What Exactly is Probate? (Video) Bentonville Probate Attorney
What exactly is 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.
Probate is a legal process that occurs when 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
The exact steps in a 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 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.
We can help you get through the exact steps of probate step by step. Go to DeWitt.law to setup your free time to talk.