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5 Things You Need to Know About Probate Court
If you’re dealing with an estate that needs to go through probate court, it can be intimidating to navigate the process on your own. However, if you’re lucky enough to have a probate lawyer Knoxville, TN by your side, they can help you gather the information and documentation you need to represent yourself well in probate court while also ensuring that your loved one’s estate gets distributed in the most efficient and fair way possible. For example, here are five things every self-represented person should know about probate court before walking into the courtroom according to our friends at Carpenter & Lewis PLLC.
What Is the Difference Between a Will and a Trust?
A will is a document that tells the court how you want your property divided after you die. A trust is a legal entity that holds your property for the benefit of someone else. A will goes through probate, which is a court process where the court decides whether or not the will is valid. A trust does not go through probate. Probate can be a long and expensive process. If you have a trust, your family can avoid probate and save money. To create a trust, you need to have a trustee and beneficiaries. The trustee is the person who manages the trust and the beneficiaries are the people who receive money from the trust. You also need to have an estate plan.
What Does it Mean if There Are No Heirs?
If someone dies without any heirs, their estate will be distributed according to the laws of intestate succession. This means that the court will determine who gets what based on who is related to the deceased person. The court will also appoint an administrator to oversee the estate. In some cases, such as if the deceased person owned a business or large assets, it may be necessary for a probate lawyer to file in probate court on behalf of the estate.
Why Do I Have to Go to Probate Court Anyway?
If you’ve been named the executor of a loved one’s estate, you may be wondering why you have to go to probate court. After all, can’t you just distribute the assets according to the will? Not so fast! The process is much more complicated than that and is actually governed by state law. In Tennessee, for example, an individual has to file an inventory and accounting with the local probate court when they are appointed as an executor or trustee in order to administer any property that was not mentioned in the will or which was given away before death (such as cars or personal items). It is also necessary for anyone who inherits property through intestacy (death without a valid will) to take their inheritance through probate in order to clear title.
Can’t Someone Else Manage My Affairs in Probate Court?
Many people think that probate court is only for people who have died, but that’s not always the case. If you’re appointed as an executor or administrator of an estate, you may need to go to probate court. And if you’re the beneficiary of an estate, you may need to go to probate court to claim your inheritance.
Is It Better to Hire an Attorney or Prepare Documents Myself?
If you are considering going through the probate process without an attorney, you should be aware of a few things. First, the process can be complicated and confusing, and there are many documents that need to be filed. Second, if there are any disputes among the heirs, an attorney can help resolve them. Third, if the estate is large or complex, an attorney can help make sure that everything is handled properly. Fourth, an attorney can represent you in court if necessary. Fifth, an attorney can help ensure that the probate process goes as smoothly as possible.
Contact a probate attorney today for help with your estate planning!