Philadelphia Probate Law Firm

As an attorney from our Philadelphia Probate law Firm, Klenk Law, may tell you about during a consultation, probate is the legal process of distributing assets and property to any heirs, beneficiaries, or debtors after death. It can become a complicated process, regardless of whether or not you created a living will and testament. But what happens during the probate process? And how can you protect your family from any complicated legal proceedings regarding probate? How can our Philadelphia Probate Law Firm help you?

Is Probate Required? 

Probate isn’t always necessary. But if it’s something you are dealing with, then our probate lawyers can guide you. Probate with a will appoints an executor. In the alternative, probate without a will appoints an administrator. In either case, for over 30 years, we have guided both executors and administrators. It’s What We Do!

A well-drafted will makes the Probate process simpler. Having no will does make the process a little more complicated. But we can easily guide you.

After the value is confirmed, the court will pay off any bills and debts before determining a fair way to distribute the remainder of the assets. These will usually go to the spouse, children, parents, and relatives of the deceased.

Contrary to popular belief, probate is not a bad or scary process. The process simplifies the divisions of property and gives a clear direction to those facing a challenging time in their lives. However, if you are having trouble during probate or are nervous about the next steps to come, then an attorney from our PA Probate law Firm can be of assistance.

What is the Probate Process? 

If there was a will left behind, the Register (in PA) or the Surrogate (in NJ) review and accepts the will. After the will is recognized, the executor receives paperwork documenting the appointment. They will then have the authority to distribute assets and property according to instructions left in the will.

The executor will use the assets to pay any debts or creditors, as well as any tax returns. If there is real estate involved, the executor will take control of the property throughout the probate process and making all insurance, taxes, and mortgage payments. After addressing all debts, the executor distributes the remaining assets to the named beneficiaries. If you suspect that your executor isn’t handling your loved one’s affairs properly, then you need to speak with a Probate Attorney Allentown, PA residents trust right away.

How Long Does Probate Take?

The attorney working with you from our PA Probate law Firm knows that the timeline of a probate process will depend on several variables. Is there real estate to sell? Are there tax disputes? Do lawsuits need settling? Having a will streamlines the probate process, which could still take an average of one year — assuming no one contests the will. However, if there was no will created, the probate process could take several years. During this time, the executor would continually pay off any debts, mortgages, and utility payments with the deceased’s assets until the probate process is complete.

You can avoid problems that could arise during the probate process by creating a valid, clear, and well-written testament. It’s never too early to begin the process of creating your first will. Taking these steps can ease future burdens on your spouse and relatives. Reach out to an attorney from Klenk Law, your local Philadelphia Probate law Firm, to begin the process.