Many people have heard the expression, probate a will, but are not sure exactly what this phase means or what the process entails. If you are making an estate plan, you need to understand what the probate process involves so you can decide what assets you own that you want to transfer through this process.
If your loved one has died, you also need to understand what probating a will involves because you are likely going to have to go through the probate process in order to wind up the estate affairs and receive an inheritance.
Unsworth LaPlante, PLLC can provide assistance and advice on what it means to probate will. We assist people who are making their plans to transfer their assets in appropriate ways to the people they love. We also represent executors of estate, as well as heirs or beneficiaries, who are coping with the complexities of the probate process after a close relative or friend has passed away. To find out more about what happens during the probate process and to get help probating a will, give us a call.
What Does It Mean to Probate Will?
When you must probate will after death, this process involves determining if the will is a valid one that was made in accordance with the law and that is a true reflection of the wishes of the deceased.
During the probate process, the court will appoint an executor or estate administrator who is in charge of managing the estate and addressing the issues that arise during probate. If the deceased made a will and named an executor of an estate in that will, usually the court will appoint this chosen person unless he or she is unwilling to serve as executor. It is the executor’s job to take many of the steps required to probate a will, such as providing notice to creditors and heirs.
The probate court will also oversee the other essential steps of probating a will, including giving interested parties a chance to contest a will. A will could be contested and declared invalid if there is proof it was made under conditions of fraud or duress, or if it could be proved that the person who made the will was not of sound mind at the time that the will was created.
If there is no successful will contest and the will is proved valid, the assets of the deceased will be distributed to new owners according to the instructions which were set forth in the will. The executor will be responsible for handling the technical processes involved in this transfer, such as facilitating the updating of titles and deeds so they reflect the new ownership. The executor also must file all required tax forms and pay any estate tax that is due based on the size of the estate.
Who Should Get Legal Help When a Will is Probated?
It is important that an executor consult with a probate attorney while fulfilling his role during the probate process. The executor has extensive responsibility when a will is probated after a death.
Heirs or beneficiaries, whose inheritance could be impacted if a will is successfully challenged, will also want to have their interests protected by an experienced attorney who understands the Vermont rules that apply when you probate a will.
Unsworth LaPlante, PLLC can provide help to all those who are involved in the probate process and whose rights are going to be affected by the outcome of probate. You should seek legal help as soon as you can after a death so you get the right advice throughout probate.
Getting Help from A Vermont Probate Lawyer
Unsworth LaPlante, PLLC can provide invaluable assistance to heirs or beneficiaries and to the executor of a will during the probate process. Our legal team can help you to make sure that you move the probate process forward as quickly as possible.
We can also help to defend a will against any challenges so you can maximize the chances a will is going to be successfully probated and the wishes of the deceased will be respected.
To find out more about how an attorney can help as you probate will, download our free estate planning worksheet. You can also give us a call at (802) 879-7133 or contact us online to talk with a Vermont probate lawyer who can help you to understand the process that must take place after a death. Call today so we can help you to protect your inheritance or fulfill your role during the probate process.