The Probate – Managing your Estate After Death
A special court called a probate is the legal body which manages such proceedings as the transfer of your assets to the designated executor/s. The first step in the process involves the designated executor to file a claim with the probate court to seek for appointment legally acknowledging his/her power to execute the proceedings regarding your estate. The use of the probate system is quite easy yet as with all legal systems, there are advantages and disadvantages to such legal bodies having bearing over your estate.
As an advantage, the legal court is very much accustomed at settling disputes that may arise in the provisions of the will, say the distribution of assets and other issues that may arise. They are also able to monitor individually, all the beneficiaries to ensure they abide by the provisions of the will, ensuring the interests of the individual beneficiaries are guarded. On the downside, these courts are public and all proceedings will become part of public records that can expose the beneficiaries to several problems.
The best option as discussed with the previous post is to have a living will, which excludes the need for a probate to oversee the process of estate management and transfer. The costs of the probate courts and legal charges can amount to a lot of money so it is recommended that a living will be prepared and executed to avoid them.