The loss of a loved one is never easy, and for many people, it is a period in life that they describe as a dark phase, which takes a while before one can be able to move on. As such, at this time when there is a lot of hopelessness and a lot going through your mind, the last thing you need is more burdens. Unfortunately, there is the unavoidable necessity of navigating some paths, and one of the most critical processes involves property division that is covered under probate laws.
A reality that many people are not prepared for is that it is never easy navigating this path and there are numerous instances when it has been the cause of more pain. To save you from having to be caught up in the worst of scenarios, San Antonio probate attorneys are ever available to take this load off your back. Instead of having to worry about the numerous complications, you instead get to have the guarantee to rely on seasoned professionals to simplify the entire process. This comes as the proverbial light at the end of the tunnel as the attorneys will stop at nothing when it comes to ensuring everything happens as per the law.
Many people wrongly assume that probate lawyers are only required if the deceased did not have a will, and there is the necessity of making reference to property distribution laws. This is, however, never the case even in instances where there is a will, the probate process must be followed. Probate attorneys are therefore crucial in all the cases as they bring clarity to the whole process and ensure no one takes advantage of their clients. Overly, persons who leave a will behind always make it simpler to distribute the property as there are clear guidelines that act as a reference point.
In situations where there is no will, probate attorneys step in to handle the process right from the basics that involve determining familial and marital history. This then provides a ground for the subsequent phases that include filing an application to determine heirship and application for letters of administration. The probate courts always take charge once these initial applications are made and assign an Attorney Ad Liem who equally does in-depth research before a hearing can be held. Consequential stages often depend on how the hearing will proceed and whether all heirs agree.
It is important to know that two types of property are always the center of the debate, and these are non-probate and probate property. Non-probate property primarily refers to those properties that have a binding agreement that overrides a last will and testament. These include bank accounts, IRA accounts, and 401K accounts plus other investment accounts. Probate property, on the other hand, is bound by a last will and testament if there was one and include real estate, cash, vehicles, and stocks & bonds. For the two categories of property, there are guidelines to be followed, and a probate attorney is the right partner to make the entire process stress-free.