Tag Archives: hiring a probate lawyer

When do you need a Probate Attorney ?

Probate in legal terms is establishing the validity of a will and it is a process in legal system that comes in place when a person for whom the will is written dies and the mentioned successor or inheritor in it is required to be transferred the rights of the owning of assets or real estate mentioned in the will.

What is a Will? It ??is an act written by which a person disposes of all or part of the destination you want to follow their goods for after his death.

If there is a will start succession? Always start sequence , although there is a will, in this case is called probate.

A probate lawyer or probate attorney is a legal representative of the deceased and is assigned and performs the responsibility of executing the will of the deceased and initiates the probate process of transferring the ownership rights to assets mentioned in will to the inheritor or successor mentioned in the will. Through the services of a probate attorney sun city az any legal inheritor can check the legal probate process and get their inheritance established in court.

It is possible to avoid probate if a person can do an estate planning of his assets with the help of an estate planning attorney and creates a living trust.

When does Probate come in the legal process of succession or inheritance

The sequence includes the transmission of active and passive rights that make up the deceased ‘s estate to the surviving spouse, descendants or ascendants of the deceased, and instituted by will by the person before his death.

There are two types of sequences: – The succession without a will, which are the majority and – The probate (with Will).

The inheritance consists of all assets (buildings, furniture, vehicles, stocks, investments) and liabilities that form the estate of the deceased. The heir is only liable for the payment of debts to the value of existing assets in succession. Thus the law guarantees the personal assets of the heir to and not compromised by accepting a heritage with more debt than you goods. This is called inventory profit. The heirs are designated by law or by will.

Legitimate Heirs: Are those that happen because the law so provides based on the family bond that unites them with the deceased are heirs legitimate children (descendants), parents (ancestors), spouse and collateral relatives of the deceased to the fourth degree, namely , brothers, nephews, uncles and cousins ??(in that order). the law provides commands that determine which are more high on the list excluded from succession to those in a lower order. Although an heir is presented with a will, the courts usually publish edicts ordering the same, to ensure that there are no heirs heirs and the will is valid.

While writing a will you can appoint a lawyer in the will to process the succession and this is a part of estate planning. If the person who makes a will can leave appointed lawyer who wants probate processed promptly, being of their trust.