What Do People Not Understand About Probate, and Is the Process Really That Bad? 

 Posted on March 22, 2023 in Estate Planning

 Probate is a legal process that occurs after someone passes away. The process involves the court verifying the validity of the estate planning documents and overseeing the distribution of the deceased person’s assets. Unfortunately, there are so many misconceptions regarding probate that it can be hard to pinpoint where exactly to begin when addressing them. For example, many believe probate ought to be avoided at all costs, which is inaccurate. In reality, probate is not always as bad as it may seem. 

Today, we will address and debunk the most common misconceptions regarding probate. Keep in mind that estate planning, in general, can be a complex process. The process can be made simpler by hiring an estate planning attorney to help ensure you complete your estate planning goals lawfully and successfully.

Debunking the Myths Regarding Probate 

One of the most common misconceptions regarding probate is that it is always a lengthy process. While it is true that probate can take several months or even years to complete, this is not always the case. The length of the probate process depends on many factors, including the complexity of the estate, the number of beneficiaries, and whether any disputes or legal issues arise.

Another misconception about probate is that it is always expensive. While certain costs are associated with probate, such as legal fees and court costs, these expenses can be minimized with the help of an experienced probate attorney. 

Some people also believe that probate is always a public process, meaning anyone can access information about the deceased person’s assets and debts. While it is true that probate proceedings are a matter of public record, it is possible to keep certain information private by setting up a living trust or other estate planning tools that bypass probate. 

In some cases, probate may actually be a good thing. For example, if there are disputes among family members or beneficiaries, probate can provide legal avenue to help resolve the issue. The probate court can help ensure that the deceased person’s assets are distributed according to their wishes. 

Contact a Greenwich, CT Estate Planning Attorney

While there are many misconceptions about probate, the process is not always as insidious as it may sound or appear. For probate matters or anything related to estate planning, contact the experienced Metro New York Area estate planning lawyers with Ivey, Barnum & O'Mara, LLC. Call 203-661-6000 for a free consultation.

Source: 

https://www.jud.ct.gov/lawlib/law/probatelaw.htm