By Marc Empey
What is Probate?
The term ‘probate’ means ‘proof.’ The term probate in the legal system is proof that the will is ironclad in a court of law. A separate court, called probate court, examines the will to determine how ironclad it is. Strong wills divide assets based on what the deceased wanted. Wills with loopholes, no wills, or wills that excludes assets will follow the rules based on state probate laws.
What is Probate’s Timetable?
Probate’s entire process from beginning to end ranges from a few months to three years. The exact time depends on the estate, the states involved, the laws in each state, and tax filing. For example, California takes eight months for open and shut cases. However, California’s probate courts are crowded, so expect a six-week delay after filing. Likewise, Florida’s easy and complicated probate cases average six months. A third state, Illinois, demands proof of the will in 42 days.
What are the Creditors’ Rights to the Estate?
The answer depends heavily on the state contested. California allows a four-month window for contesting the will.
Should I Hire a Lawyer for Probate?
A Palm Springs probate attorney should assist you. This is a complicated and messy process, and a Palm Springs probate attorney will simplify any situation, question, or concern. We encourage beneficiaries, will contesters, and concerned family members to contact a probate lawyer. After all, the probate window will not remain open long, and state laws complicate the window further.