The benefits of probate

by Toby Mason Consultant

It is commonly thought that probate is a bad thing and it needs to be avoided in any case. After all, it is a lengthy process and can often take up to a year. It can also be expensive in terms of court costs and legal help. In addition to all of this, as it is also a matter of public interest, anyone can find out the details about the case.

While all of these things may be true, they don’t necessarily mean that probate needs to be avoided. There are, in fact many ways where probate can actually prove beneficial. Many experts from probate law firms also explain that in many cases, you may actually be glad that you had the opportunity to go through the probate process.

Probate Litigation Involving Will Contests

One of the primary benefits you can secure with probate is that the heirs, as well as any other person with an interest in the estate gets a chance to file a claim against the state. Probate litigation typically involves challenging the validity of certain terms on the will or the whole document.

Take this example from Lorain probate law experts. An heir who has been left out of the will or offered what he/she believes is less than what should have been originally given, can file a claim that the decedent made the will while not of a sound mind or suffering from illnesses like dementia.

On the other hand, the claim may be that another party exercised undue influence in order to compel the testator to change the will. Probate involves the opportunity to express all of these issues and have all disputes resolved in front of an impartial judge.

Settling Creditor Claims

Alternatively, probate also involves the settlement of claims held by creditors to whom the decedent owed debt. The executor of the will is required by law to provide notice of the probate proceedings to any known creditors who can be rationally ascertained to be owed money. Once done, the creditors are required to file their claims within three months. After these three months, they forfeit their right to pursue payment.

As soon as the claim has been settled according to Lorain probate law the estate will be cleared of any liens or encumbrances.

However, you need to be sure that you partner with the right probate law firm to ensure that you benefit from the probate process in the best manner possible. Click here to get in touch with us today!