Probate is a legal process, in which the court reviews all assets within a deceased individual's estate to determine who they rightfully belong to. While most states make this practice fairly straightforward, it can still be time-consuming—especially if there are disputes regarding the will. Whether you’re wondering if you need to hire a probate attorney or what you can do to avoid the process, here’s a quick guide to help shed more light on this aspect of estate settlement.   

Is Probate Always Necessary?

No. However, requirements can vary from state to state, so it’s a good idea to check with a local probate attorney if you’re unsure about a loved one’s estate settlement needs.

Typically, the deceased will need to have an estate where qualifying assets meet or exceed a designated value. For example, in Kentucky, if the deceased’s estate total value is $15,000 or less, the assets may be distributed to the legal next of kin—such as a surviving spouse or child. If the estate value is above $15,000, probate may be required.

What Does Probate Involve?

If probate is required, the executor or administrator of the estate must arrange a hearing through a regional or distract probate court. At this point, all qualifying assets within the estate will be frozen until an official decision is reached.

During the hearing, a judge will review all assets and their value, while also evaluating the terms of the individual’s will. If the situation is straightforward, they’ll distribute assets in accordance with the will or state law.

In more complicated situations, interested parties—such as heirs or relatives—may contest the terms of a will with help from a probate attorney. These matters must be resolved by the judge before assets can be distributed.

How Can You Avoid Probate?

If you don’t want your loved ones to go through the hassle of probate, consider forming a living trust with help from an attorney. These estate planning documents are similar to a will in that they name beneficiaries for specific assets. However, the assets aren’t subject to probate.

You might also be able to avoid probate if you’re married and recognize your property as community property. In these situations, your assets will pass to your spouse.

Some assets—such as vehicles, real estate, and bank accounts—may be made payable or transferable to a formally named beneficiary upon death without probate.

Providing legal services in Ashland, KY for more than 55 years, McBrayer, McGinnis & Leslie, PLLC is a leading resource for probate assistance in Kentucky, Ohio, and West Virginia. Well-versed in estate laws, these attorneys will help accurately evaluate a deceased loved one’s assets and file all necessary forms with the court. If hearings are necessary, these lawyers can also help contest a will if you believe the deceased was unduly influenced. To learn more about these attorneys’ services and expansive practice areas, visit the firm online. For consultations, call (606) 473-7303.