What is probate court and how can WiziWill help?

If you’ve never heard of probate court, consider yourself lucky.

it can be an ordeal for those who have recently experienced loss.

Primarily, probate courts validate wills and ensure their proper execution. If there’s a will, the court appoints the executor named in it. If not, it appoints an administrator. Probate courts also do things like identifying and valuing the deceased person’s assets, ensuring debts and taxes are paid, and distributing remaining assets to the rightful heirs in case there is no will. 

Probate courts are dedicated to solving challenges around ownership for heirs. Yet, they can complicate matters in several ways – ask former NFL player Michael Oher and singer Britney Spears whose cases were famously dragged through probate courts recently.

Probate courts often involve - 

• Time-consuming process: Probate can be lengthy, often taking months or even years to complete.

• Costs: Probate can be expensive due to court fees, attorney fees, and other administrative costs. These expenses are typically paid out of the estate, which can reduce the amount available to heirs.

• Public record: Probate proceedings are public, meaning anyone can access the records. This lack of privacy can be undesirable for some families.

• Disputes among heirs: The probate process can lead to disputes among heirs, especially if there are disagreements over the validity of the will, the distribution of assets, or the management of the estate by the executor or administrator.

• Complex legal requirements: Navigating the probate process can be complicated, particularly if the estate involves substantial assets, multiple properties, or business interests. This complexity often necessitates legal assistance, adding to the costs.

• Challenges to the will: Heirs or other interested parties may challenge the will, leading to legal battles that further delay the process and deplete the estate's assets.

Fortunately, there are ways to reduce friction at probate courts or avoid them entirely. If you take certain measures, like creating living trusts, joint ownerships, and beneficiary designations, you can help partially or entirely transfer assets outside the probate process. 

Using WiziWill alongside other estate planning measures or consulting an attorney can minimize probate complexities and ensure a smoother inheritance process for your loved ones. 

Our digital vault removes questions surrounding your digital assets, collecting them in one place with your directives and identifying heirs.

Ready to take control?

Give us a try. Start your digital legacy planning today to remove uncertainty and reduce the chances of family feuds “the day after.”