It is a responsible thing to do to write a will so that your assets are transferred in the way that you want. Even if you write a will, some of your assets may still need to go through probate. Your estate may have to be probated for a number of reasons, including if you have assets that are titled solely in your name or if your will is invalid, unclear, or contested. Elder Care Direction can help you to understand what you need to do to avoid the probate process.
The probate process when you leave a will
Whether your will might have to be probated will depend on state laws and the property that you own when you die. A few states do not require probate cases to be filed. In others, the value of an estate will determine whether probate is needed.
If there is a dispute between your family members after you die because of conflict concerning your estate plan, your will might be contested. Family tensions sometimes resurface after the death of a parent. A beneficiary might challenge how the will was written and seek to have the court invalidate it. If a person who could receive property under your will objects to how the property is divided, the will must be probated.
Estates that fall below a specific value set by the state might be able to avoid the probate process. The value is different depending on the state, however. Assets that are only held in your name at the time of your death must be probated. This includes vehicles, boats, and real property that are titled only in your name.
When you do not have a will
If you die without a will, the intestacy laws of your state will apply. These are laws that determine how your property will be distributed when you die without a will. After you die, your property will be classified as non-probate or probate property. If you don’t leave a will, your property will be divided between your heirs according to your state’s law of intestate succession.
Get help from Elder Care Direction
It is important for you to leave instructions behind for how your property and assets should be distributed. Writing a will can help to prevent potential family conflicts and might ensure that your property is divided in the manner that you want. The professionals at Elder Care Direction can help you to understand how to avoid probate and how to make certain that your wishes will be followed after you die. We can refer you to a partner estate planning lawyer for legal help if you need it. Contact us today by filling out our online contact form.