Though many people are unfamiliar with probate, understanding the process ensures you make wise decisions about handling your property and estate planning. David R. Webb, Attorney at Law, has been helping Lincoln, NE, clients with these matters for over 30 years. To give you a sense of what probate is and entails, he offers the following guide. 

What Is Probate?

Technically, the term “probate” means to prove that a Will is valid. However, people commonly refer to the administration of an an estate as “probate,” meaning the process by which property is transferred to surviving family and loved ones after individuals pass away. It takes place when a deceased person leaves a will or dies without one (which is called dying “intestate”). 

Someone who wants to start the probate process in Nebraska files a petition with the clerk in a county court and seeks appointment as a Personal Representative (who may be identified as the “executor” under other states’ laws). The clerk assigns a case number and judge issues a document called Letters of Personal Representative. The Letters authorize that appointed individual to carry out the deceased person’s wishes stated in their will. When no valid will exists, then the Personal Representative distributes property according to the state’s intestate succession laws.

Probate Activities

The administration of an estate (or probate process) may take up to nine months or more and consists of several activities. If the deceased person had a will, someone must offer the will to the Court with proof of its validity. Other events include notifying heirs of the probate of the will and/or appointment of the Personal Representative; identifying, inventorying, and appraising the deceased person’s property; and paying taxes and debts of the estate. The Personal Representative distributes the remaining assets after these events occur. Wise estate planning reduces how long this process takes and may eliminate the need for it in some circumstances. 

If you want to learn more about probate process and alternatives to it, contact David R. Webb, Attorney at Law. The effective estate planning lawyer offers strategic advice and quality representation regarding wills, trusts, and other tax and asset management issues to protect clients’ wishes, legacy, and best interests. Call (402) 477-7577 or visit the firm online to schedule a confidential consultation today.