The first probate court in the U.S. was established in Massachusetts nearly 250 years ago. Since then, probate courts have opened in all the other states throughout the country and Washington, D.C. You and your family will likely land in one at some point following the death of a loved one.
So, what exactly takes place in probate court, and why is it important for families to take the right steps during the probate process? Discover more about the key role that probate court will play as you and your family grieve the loss of a loved one.
What Is Probate Court?
Probate court is a type of court within the U.S. judicial system that handles cases involving estates, wills, and the legal distributions of assets following people’s deaths.
Probate judges oversee these cases to ensure a person’s last wishes are honored by their family when their will is executed. They also make sure a family pays any debts and takes care of any taxes a person owed prior to their death.
If a will is ever contested, probate judges are responsible for making rulings on the authenticity of these legally binding documents. Additionally, they help decide who should receive a person’s assets when they die without a will based on the intestate succession laws in different states.
Are Families Required To Go To Probate Court?
The majority of families are required to go to probate court in the aftermath of the deaths of their loved ones. Many families can’t execute wills and distribute assets from their deceased family members’ estates without going through the probate process.
However, families can avoid going to probate courts in certain instances. For example, your family might not need to spend time in probate court if your loved one left behind a revocable living trust they created during estate planning. It can automatically transfer assets, including bank accounts, retirement funds, and life insurance policies, to your loved one’s designated beneficiaries.
Your family might also have the opportunity to avoid probate court if your loved one died with what is considered a small estate in their state. Small estate laws vary from one state to the next.
What Happens During the Probate Process?
Families usually try their hardest to steer clear of probate court, and it isn’t difficult to see why. The probate process can take months and even years to play out. Here is what happens during it:
- The executor named in a deceased person’s will or a deceased person’s family member files a petition in a probate court in their state. They also file a copy of a deceased person’s will, if one exists, along with a copy of their death certificate.
- An initial probate hearing is held, and a judge awards an executor — or a court-appointed administrator if there is no will — the legal authority to tend to a deceased person’s estate. This person has the right to pay debts, sell assets, and carry out other tasks.
- The executor notifies heirs, creditors, etc., about a person’s death, often by posting public notices in local newspapers.
- The executor generates a list of a deceased person’s assets and arranges to have them appraised before listing their debts and working to pay them off. In some cases, assets from a deceased person’s estate are sold to pay down debts.
- The executor distributes a deceased person’s assets according to their will and then works to close their estate.
This probate process plays out smoothly in many cases, but occasionally, disputes arise. Probate judges can hold the necessary hearings to work them out.
How Long Do Families Have To Spend in Probate Court?
Unfortunately, predicting exactly how long you and your family might have to spend in probate court is impossible. Some families are in and out of court in a matter of months. Others end up stuck in court for years, arguing over how to distribute a loved one’s assets.
The time it takes to execute your loved one’s will depends on many factors, including:
- The size of your loved one’s estate
- The number of creditors that file claims against your loved one’s estate
- The disputes your family has over your loved one’s estate
Many estates are settled within six months to one year, though it isn’t uncommon for some probate cases to drag on for 18 months to two years, if not even longer.
Contact Rockpoint Probate Funding To Hear How We Can Make Going To Probate Court Easier
Going to probate court is never easy for families, but you can make it slightly less stressful by calling Rockpoint Probate Funding for help. We can set you up with a probate cash advance that’ll allow you to move through the probate process at your own pace without any major financial concerns. Touch base with us today at (888) 263-8588 to see if you qualify.