Going Through Probate Without a Will

Ideally, everyone would be born with a will which would automatically adjust to their estate assets and heart’s desires. Such is not the case.

Wills may need to be updated often to account for incoming assets and changing families. Passing without a will or a trust remains a regular circumstance. Thankfully, there’s an answer to this issue. Anyone can get a will created with the right attorney.

Though, not everyone takes that opportunity. So, because not everyone takes the time to get their assets in order, probate lawyers exist to help your family navigate the probate process. Just because a will wasn’t in place doesn’t mean that all the assets are gone. It just means that everything is probably going to go through probate. Keep reading for further details.

Check if It Qualifies

Sometimes, small estates are nice estates. Though there might not be much to be gained from them and if they meet the criteria, they might qualify for being exempt from probate. If the estate does happen to qualify, there’s a little less to worry about. The assets need to be assessed, of course. Each and every part of the estate must be accounted for. Otherwise, you might as well assume that probate is unavoidable.

Your best bet is to find out as much as you can about the deceased’s assets. Search for trusts. Get each item appraised with an exact item amount. Alphabetically organize everything in an Excel spreadsheet. Communicate with the family of the deceased and have them help you track down everything. In this first stage, the worst thing you can do is neglect to get one of the assets appraised only to have it haunt you down the line. If you want to avoid probate, make sure that the estate is completely assessed.

Informal or Formal | Going Through Probate Without a Will

Probate can sometimes be handled in two different ways, either informally or formally. Answering this question boils down to, effectually, how much help you want or think you’ll need. Having a probate lawyer will also make the process easier and should be considered especially if you chose to do probate informally.

The informal route means that the family will be managing most of the dirty work. It means that the family will probably be keeping track of all the assets and getting them assessed. Think of informal probate as handling a legal matter outside of court as you may find yourself involving the court very little in the matter.

Formal probate, rather, usually starts with a judge deciding whether or not a will is valid and since you may not be dealing with a will, you’re effectively asking the court for help handling the assets. You may find the court wanting to approve everything before anything can be accomplished.

Probate May Be Unavoidable

Trusts aside, not having a will available almost guarantees that the assets will go through probate. It’s the court’s way of handling everything. Assets will need to be assessed. Debts will need to be paid. Everything will need to go in some shape or form. Nothing might be immune from being sold off to pay off debts. Though the deceased may want to give everyone a top-level education, the end result may be far different from their original intent.

The deceased’s word may not hold up if it’s not in writing. The court must deal with each and every debt that the deceased didn’t pay off fully. If their house is all that they owned, even that isn’t immune to being sold off. Student debts will be forgiven upon passing, but otherwise, the rest of the debts don’t just go away.

Debt collectors can’t play favorites. Until every cent of the debt is gone, you may as well consider the debt collectors as the primary beneficiaries. The quickest way to ensure that the family gets anything from the estate is to pay off each debt one by one, starting from the smallest and moving towards the biggest.

Relatives Take All

Perhaps you’ve heard the saying, “Blood is thicker than water.” That saying can, more or less, be applied to probate when a will isn’t present. Your relatives, whether by blood or by marriage, tend to be the ones who inherit from you when you pass without a will. Friends and individuals who are not recognized by the court as being family aren’t normally so lucky. An unregistered partner may end up receiving nothing once you pass regardless of your external family life or your relationship with said partner.

If you want anything to pass onto someone that isn’t a part of your family, wills and trusts are a must. Probate might not leave anything to them. You might not have a single debt in the known universe and your estate can be kept perfectly intact, but unless the court does something out of the ordinary, your friends may not see a cent from your assets.

The judge may not take into account your sudden death or any other reason as to why you didn’t have a will. Wills are, to some extent, insurance for your assets, helping those who aren’t related to you obtain the gifts you promised. Don’t bet on sob stories. Judges probably hear one or more for every court case they preside over.

Getting Assistance with Probate | MN Estate Lawyers

You start by contacting a probate attorney. Your first option is to visit or contact the law firm of Flanders Law Firm LLC.

They’ve helped people deal with probate issues time and time again. If you’re not convinced, dial 612-424-0398 and speak with someone.

Those assets cannot move or asses themselves. Getting them through probate faster sometimes means having more help. And even if the majority of assets are covered by trusts, consider having that same lawyer look over the trusts to ensure that everything’s in order. A probate lawyer who knows the ins and outs of both probate and trust law can help your family do exactly what needs to be done.