Why Probate A Will?

client signing a will

Once you receive the will of someone who has passed, it can be difficult to interpret what each aspect means. Wills can come in two forms, they can either be a probate will or a non-probate will. Probate wills will list properties titled by the deceased person’s name and are approved by the court for validity. They vary case by case, but it’s important to know when they are necessary to file.

Understanding every aspect of a will can be tricky and confusing for those who may not be familiar with the legal terms. Luckily, Dan Burke Attorney at Law wants to help our new and returning clients in the San Antonio area understand why probate wills exist and what they need to do going forward.

When Is It Necessary To Probate A Will?

Probating a will is a necessary task in some instances. Here are some instances you can expect a probate lawyer to recommend probating the will.

No Will Exists

If no will exists at the time of death, it’s important to get one created so the assets and property end up in the right hands. Without the probate will, it can be difficult to split up the property amongst the deceased’s loved ones. Getting in contact with a probate lawyer and creating a probate will ensure that there are no problems distributing the assets.

The Assets Are Solely In The Deceased Person’s Name

When the assets are in the deceased person’s name, you will need to change the documents so that it is instead in the executor’s name. You can get a probate will to change the name quickly and efficiently. This makes it easier to transfer assets as it becomes more legitimized in the process.

Issues With A Current Will

If you have a current will that has any questions of legitimacy or mistakes, getting a probate will can help support the validity of the document. You can resolve any issues that are speculated to be fraudulent and save yourself the trouble of fighting against these issues. Someone specialized in probate law can help you discover any issues in your current will and get them cleaned up before they become a large problem.

You Have A Valid Will

Once you have a valid will, you can make everything easier by going through the probate process. It will get legally binding and seen by the courts, which increases its validity. This makes it easier to distribute your plans while you’re still alive.

How Do Probate Wills Work?

When you start the probate process, you can expect the proceeding to last a couple of years. Once an executor files the application with the court, a judge will evaluate if the will is valid under state law. Once the document is valid, the judge will admit the will to probate and it becomes part of the public record.

If you choose not to probate your will, you could run into some problems for your beneficiaries. A non-probated will limits the right to access the deceased’s accounts or sell their property. To save you and your loved ones the trouble, consider beginning the probate process early so you can get it approved without hassle.

Start Your Probate Process With A San Antonio Attorney

If you’re interested in learning more about the probate process, Dan Burke can help. We understand that not every situation is perfect and it might be hard to decide if probating your will is right for you. Contact our team for a consultation today and we’ll guide you every step of the way.


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