Did you know that probate is the process of determining the validity of a will and making sure the beneficiaries follow all instructions provided in the will? The word “probate” is derived from the Latin word “probare,” which means to try, examine, prove, or test. When a loved one leaves behind a will after he or she passes away, it is important to seek help from an attorney who knows about probate and can handle it effectively. By doing so, the probate process will go more smoothly.
A probate attorney administers the will of a deceased individual. This person is responsible for naming the beneficiaries, and if no executor is named in the will, the probate attorney also distributes the assets to the beneficiaries. In addition, a probate attorney facilitates the legal process and files any necessary pleadings and motions with the court. When distribution of property is included in the will, however, a real estate attorney may be needed.
The two major types of real estate lawyers are residential and commercial. A residential real estate attorney handles all real estate transactions regarding residential property, while a commercial real estate attorney handles the transactions of commercial property. If any property was included in the will, a residential or commercial real estate attorney may be needed to take care of all the legal matters associated with receiving the property. Although more than 5% of Americans believe that leaving a will is unnecessary, a will can make the process of acquiring and distributing property go more smoothly.
When left with a will after a loved one has passed away, it is important to seek help from the right attorney. A probate attorney will administer the will, and a residential or commercial real estate attorney will handle the distribution of property included in the will. Although this information is not intended to be legal advice, the right attorney will be able to offer advice regarding your own personal situation. Find more on this topic here.