Before entering the probate process, it is important to consider the responsibilities associated with administering an estate. For example, certain constraints such as time commitment, organizational skills, and timely communication are integral to the probate process. Working with a probate service requires these skills and an understanding of the court system.
For example, certain documents have time constraints and deadlines set by the court. Failure to upload certain files in a timely manner can result in having to restart the probate process. Additionally, failure to upload documents and having them completed correctly may also induce the same consequences.
Following the passing of a loved one, the beginning of the probate process starts with those named in the will by the deceased. Certain parameters and access to the probate process heavily depend on the executor of the will and the duties they can or cannot perform. If an individual is not named in the will, the court will need to officially appoint them to grant them legal authority over the estate. Part of these qualifications also includes the ability to make decisions (be of sound mind) and be of legal age (specifically 18 and up).
Wills that are clearly written, have the legal framework, and include up-to-date information may simplify probate. However, the probate process may become more complicated if the will is dated, multiple versions of the will exist, or it was not properly completed under state law parameters. The validity of a will is a crucial step to ensuring a timely and legally correct process.
If there is real estate located in another state, in certain instances, ancillary probate needs to be considered. Ancillary probate is needed, especially when assets are titled out of state. For instance, homes, vehicles, and other personal belongings that are titled under the deceased’s name will need to be managed through this process. It is important to consider that court systems across different state lines do not have the legal authority to transfer real estate.
Disagreement between family members or those named in the will may result in contesting it. These disagreements delay the probate process for as long as months or even years until the conflict is resolved. To resolve these conflicts, mediation or even court hearings play a key role in being able to move forward in the probate process following a dispute. These disputes also leave room open for consequences such as creditor involvement, who may file claims against the estate. This is especially difficult as the estate cannot be fully distributed until all said claims are paid, which can also delay the process.
Probate can be a costly and cumbersome process. That is why you need a team that can help you navigate probate effectively, saving you time and money. Give us a call today to schedule an initial consultation with our probate attorney.
Shane T. Johnson is the CEO and Managing Partner of Johnson Legal, an estate planning and business law firm in Wilmington, NC. With years of experience in estate and business law, he has zealously represented clients in various legal matters, including small business formation and purchasing, estate planning, probate, domestic violence, and other legal cases.
Shane received his Juris Doctor from the University of Wyoming and is a member of the North Carolina Bar Association. He has received numerous accolades for her work, including being named among the Best Probate Lawyers in Wilmington by Expertise.com.
