Work With an Experienced Probate Attorney
Probate is the court process to determine who will have the power to manage your assets—or things—after you die. Basically, if you have assets you don’t want your heirs to fight over, it would be wise to see an experienced probate attorney and get things taken care of while you’re alive. The financial cost will be less, and you’ll spare any emotional cost your heirs might otherwise experience.
Open & Closed Probate
In theory, probate happens to everyone because everyone dies. Probate is the legal term the court system uses. Probate is open when somebody needs to be appointed to sign for the person who just died. In Utah, a probate will be open just long enough to get that person appointed. Then, unless other issues materialize, probate is closed as soon as that person is appointed and has the power to sign things.
What Are the Top Misconceptions About Probate?
Some attorneys who started the trend to move to trusts suggested that probate is a tedious process. That’s not true; the vast majority of probates that I file are quite simple. For example, probate can involve getting someone appointed to sign a deed for a house. It’s more complex and expensive than doing it in conjunction with an estate plan; but if the beneficiaries are all in agreement, then the process can be completed in a few months.
When things are more complicated—especially when it involves a mixed marriage with children from two marriages—probate can be emotionally charged and very complex. Unfortunately, those cases are the nightmares everyone talks about. This is the prime reason why I try very hard to make my clients who come from a mixed marriage realize it’s a good idea to have a good financial plan in place.
Can Someone Realistically Handle Probate on Their Own?
Simple probates are not difficult for an experienced probate attorney. Since there are a large amount of forms to complete and file and a specific legal procedure to follow, I would not advise it trying to do it on your own. Scribner Law, P.C. has assisted many area clients with their probate and would be honored to help you as well.