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?
Is Probate Required?
Probate isn’t always necessary, but if it’s something you are dealing with then an attorney from our law firm for probate in PA can be of guidance. Even when there is a will in place, since your assets will need to be distributed to any heirs. This process becomes much simpler if there is a will, since that allows the probate court to simply validate the testament and authorize an executor to distribute the assets. If there is no will, things can get a little more complicated since the court has to step in to determine the value of the estate.
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. It’s actually meant to simplify legal divisions of property and give clear direction to those facing an extremely difficult 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 court will validate it through a hearing in front of all potential beneficiaries. After the will is legitimized, the court will appoint an executor—an individual who will oversee the probate process. They will then have 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 ensure that all insurance, taxes, and mortgage payments are made. When all debts are paid, the remaining assets can be distributed to the beneficiaries named in the will. 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 whether or not a will was created. Having a will streamlines the probate process, which could still take an average of six to nine months — 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 living will and testament. It’s never too early to begin the process of creating your first will. Taking these steps early 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.
Peter provided outstanding advice and preparation of a will and trusts.
Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.
When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...
AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!
Great friendly staff
Tremendous firm with bright, kind and tenacious people. Great representation for our family.
I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.
Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!
Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.
Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.
Answered my question quickly and referred me to a colleague that could handle my problem
Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.
Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.
Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!
Peter provided outstanding advice and preparation of a will and trusts.
Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!
You & your staff are the best thank you for everything.
Peter and his staff handled all of our needs in a very professional and timely matter.
Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.
Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.
Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.
Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.
Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.
Peter and his associates made things easy for us.