Estate Planning and Probate

Do you have a will? Do you know the value and importance of it? Perhaps right now you are facing questions like these “Can you sell a house in probate?” “Can you sell a property before probate?” If you are, chances are good you are an executor of someone else’s will. Now, you are left trying to make these decisions for someone else just to get the assets settled so you can move on. It does not have to be like this. In fact, with a bit of future planning, you can avoid all the risks to your estate during the probate process.

How Many People Lack a Will?

The current state of future planning and the probate process in the United States is fairl complicated. Probate’s legal process can be frustrating because it takes heirs out of the picture and lets the court make decisions.

Imagine a family fighting over who should own a home after the death of a parent. One individual wants to maintain it while others want to sell the house as fast as possible. This is the type of thing that tears families apart. Yet, many people still do not have a will in place that could minimize these risks.

Probate without a will means the court is empowered to make all decisions about the individual’s property. While most courts take into account the desires of the heirs, others are very formal and, in many cases, very decisive. Probate without a will can mean big risks for all people involved.

Talk to a licensed HomeGo agent today.

The Costs Add Up, Too​

The cost of probate itself can be even more taxing. Many people are forced to make decisions simply to pay these costs. Can you sell a house before probate to pay for the costs the probate process will bring? Unfortunately, this is not uncommon. The probate process costs can be expensive. Some statistics show that Americans spend as much as $2 billion on the cost of probate every year. Of that, about 75 percent is from attorney costs.

Here’s the Bottom Line

With so many people not creating a will that directs people to make decisions about their wishes, these decisions are left in the hands of family – who may find themselves unable to come together to make such a decision without strife and problems – along with the court. This is not the way you want to leave things.

Now is the time to start planning for your future. Make these decisions and create a will that clearly communicates your goals.

Schedule a no-obligation home tour, or talk to a HomeGo agent today.

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Check out more of our information on probate.

What Happens During Probate?
Probate is the legal process of moving property and assets from a person who is deceased to others, like their beneficiaries. It settles all…
What are the Misconceptions about Probate?
The probate process is riddled with misconceptions. That could be why so many people push it to the side and never really deal with it. If you are one of…
What is the Probate Process?
Probate is a longer process, one that must follow the step by step requirements set by state law. Probate without a will lengthens the process, as do…
How Much Does Probate Cost?
Whether you have a will or you are going through probate without a will, there will be costs associated with the process. It is true that when you are…
Why You Want to Avoid Probate
Probate is a worrisome and stressful process. If you are an executor, you likely will need to miss work to make court hearings. You’ll need to…
How to Avoid Probate
When you recognize the risks probate creates, you may want to do everything you can to avoid it. Probate without a will takes a long time and makes you…
Assets Subject to Probate
Assets of all types must be considered when it comes to probate. During this process, the court must decide several things. First, it validates what property…
Assets Not Subject to Probate
Not all types of assets owned by a person will enter into the probate process after death. If your loved one dies and does not leave behind a will, it can…