Monument Probate Attorneys

You may have heard that it’s important to keep assets out of probate. However, if the main functions of probate are authenticating wills and supervising transfers, then why do people try to avoid it? 

Unfortunately, there are many factors that could significantly complicate the probate process. For one, if a person’s last will and testament or trust arrangements were not recently updated to account for a significant life change, then a deceased person’s surviving family members might struggle with how to accommodate those changes. For example, oftentimes a will or trust might not include recently born children or grandchildren. If the decedent intended to provide for these children, the family or personal representative may need to petition the court to modify the existing arrangements. 

In these situations, the probate court decides whether the proposed changes were actually the intent of the decedent. Because their decisions are legally binding, they retain a lot of power over the actual distribution of assets. The same is true for when a person passes away without a will. When this happens, the probate court will determine (based on the law) who is entitled to the deceased person’s assets and property. This is known as instate succession. They will appoint a personal representative (or executor) in the absence of one, to help them facilitate this process. 

Finally, probate can also be difficult when family members disagree about the execution of an estate plan. In some cases, they may contest the validity of the will altogether, or they may argue over the proper distribution of assets. This can significantly lengthen the probate process and cause stress, tension, and division among family members.