3 Things to Know About Probate after the Death of Someone
The death of someone you loved from the core of your heart could be quite devastating. After coming over the primary shock, you will have to deal with reality. This may include managing the deceased’s estate. Before dealing with probate court after someone’s death, there are some key factors to consider. They will help you understand how things proceed. Of course, each case is unique, so you need specific answers to all relevant questions that might come up.
In the presence of a will
If the deceased left a will before their death, getting a settlement should be fairly easy. The probate process will decide how to distribute everything following the last will. If this is the case after your loved one’s death, just be sure that everything about the will is legal and it covers everything necessary.
When a will is absent
In the absence of a will, the dead will be considered intestate. In that case, the succession laws of the respective state will determine who will get what considering all circumstances. For instance, if a spouse dies, the estate of the deceased will go to the other.
In other instances, the children of the dead will get their fair share of the estate too. If the deceased has children but was not in a marital relationship, the estate will be divided only between the children. In the absence of immediate family members, the intestate law will determine who would be eligible for the share of the estate.
You can always challenge it
If there is any room for doubt or you believe that your side of the deal was not fairly represented in the deal, you preserve the right to challenge it in some cases. However, the criteria for challenging a will are very specific; above all, you need to find out whether you fulfill those criteria before you proceed. If there is a valid legal ground to challenge the will, you are good to go.