Writing a will allows you to choose what happens to your belongings after you pass away, but the process isn’t automatic. Probate law requires that every estate goes through a legal process that ensures your debts are paid and all of your wishes are respected. Understanding the probate process can help you make more informed estate planning decisions and know what to expect if you’ve been named as the executor of someone else’s estate.

Understanding the Probate Process

1. You Might Qualify for Simplified Probate

Even estates without significant assets have to go through some form of probate; however, it might be a simplified process if the value of your assets doesn’t exceed a certain amount. Connecticut, for example, allows small estates with less than $40,000 in assets and no property to be distributed by an affidavit rather than going through court.

2. The Debts Come First

Before your assets can be distributed to loved ones, probate law requires that all of your final debts are paid first. If you don’t have enough cash in your bank account, some of your assets might have to be sold off to pay your creditors, even if you’ve left them to someone else in your will.

3. It Can Take Awhile

Even if you’ve left instructions and no one challenges the will, the probate process can take months. However, if you have real estate in other states, complex assets, or family members who dispute the executor’s handling of the estate, the process might take years to complete.

Whether you’re writing a will or have been named as the executor of a loved one’s estate, Gilbert P. Kaback, Attorney at Law, in Colchester, CT, can guide you through the process. With their 22 years of experience in probate law, their team will provide the detailed guidance these sensitive matters deserve. To discuss your needs and schedule a free consultation, visit their website or call their offices at (860) 537-0874 today.