What is simplified probate?

By Kevin Sumalinog

The death of a loved one is never easy, especially when you have to deal with the probate process when it comes to settling their estate. There are some things that you can do, however, to help speed up the process and to get their estate settled sooner. Simplified probate is a wonderful thing that can help you get the estate settled faster and easier.

What is Probate?

It is helpful that you first understand what probate is before you try to understand what simplified probate is. Probate is a period of time in which an estate must be frozen or held if there is no will. What probate does is allows those that might have a claim to the estate the time that they need to get in touch with a lawyer and get in touch with the estate to make a claim.

This can be creditors, relatives, or people that have a vested interest in the dispensation of the estate and want to make their claim known. Generally, probate lasts around six months but may be longer or shorter depending on the state in which it is taking place and any special considerations or factors that are taking place. Probate only occurs if there is no will in place at the time of death of the individual. If there is a will, the estate can be settled immediately and the family can move forward with settling the affairs of the person that has passed.

There can be creditors, relatives, or people that have a vested interest in the dispensation of the estate and want to make their claim known. (Representational Image) | Unsplash

What is Simplified Probate?

There are ways around the six-month waiting period. Simplified probate is a form of probate that still allows those that might have a claim time to make that claim and still allows creditors to claim the estate as well. With simplified probate, the family or the person that is trying to settle the estate can apply to the local government to use the simplified process instead of the typical process. Most simplified probate cases are considered small estates. If someone has no will that leaves any property to anyone, if they have a spouse, and if the estate is worth $15,000 or less, you are likely to be able to file for the simplified process. If there are claims that have been paid on behalf of the person that has passed, this may also qualify the estate for the simplified process.

The thresholds and amounts do differ from state to state, but the general idea is that if the estate is not a large estate and there is not a great deal of value that is associated with it, it is going to be easier to file for simplified probate than it is to wait for the normal probate process. This simplified process is going to move the timeline up so that you do not have to wait for six months for the estate to settle.

When to Hire a Lawyer

If you are dealing with the estate of a loved one or someone that you know that has passed and they do not have a will, it is important to get a lawyer on your side as quickly as possible. A lawyer is going to be a huge benefit in this case, especially if you have more than one person that has an interest in the estate and more than one person that is going to try and make a claim on the estate. Hiring a lawyer as soon as the person passes or as soon as the probate process starts can really help you get the case taken care of. A lawyer is going to be able to tell you what you are entitled to, what the overall process is and what you need to do to keep your part of the estate safe and intact. They are also going to be able to help you in terms of representing you in the proceeding so that you can be certain you are going to get the part of the estate that you are entitled to and they are also going to be able to help you make sure you have filed the right papers and the right motions to get your part of the estate.

A lawyer will make sure that the entire probate process is followed properly. (Representational Image) | Unsplash

What can a Lawyer Do?

A lawyer is going to be able to talk on your behalf in the legal side of the estate and they are going to be able to represent you if you are not willing to go to the legal offices or if you simply do not want to face the other people that are in the proceeding. They can also help answer any questions that you might have about the proceeding, they can help you ensure that you have filed all the things that you need to, and they can help you file for a simplified probate if you feel that the estate in question does qualify for it.

A lawyer is going to be able to help you make sure that the entire probate process is followed properly and that all the issues are taken care of from start to finish. Probate can be very confusing. If you are not a lawyer yourself or if you have not dealt with the probate of an estate you may not know what you need to do and what you need to file. It is always great to have a lawyer on your side that can help you get the estate settled and can also help you to get your part of the estate in hand. A great lawyer is also going to work with you and help you get the probate settled and get the overall case settled so that you can start healing and move on from the death that you are dealing with. A great lawyer can also serve as someone that knows what you have been through and that knows what you might be struggling with so that you can get the case settled and start to move on and heal.

(Disclaimer: This is a sponsored article and includes some commercial links.)