What is probate?

In America we have a bunch of different court systems. If you get arrested for example, you have to show up in criminal court. In criminal court there are judges and attorneys who ONLY hear and argue criminal cases and trials.

If you want to sue someone, there’s a separate court for that. It’s called superior court. You wouldn’t bring a civil lawsuit against a person for crashing their car into you to criminal court… The clerks at criminal court would be utterly befuddled and deny your lawsuit because it’s the wrong court.

Just like theres a criminal court system and a civil court system, there’s also whats called a “probate” court system.

Google “probate courts in my area” and surely you will find the closest probate court to you.

Probate courts handle a variety of different things, like family law issues and death and inheritance law. Probate court also handles guardianhips, conservatorships, and more.

how does probate court affect inheritance and death?

When you die you leave behind you whats called an “estate.” everybody has an estate when they die.

There’s a common misunderstanding that if you own whats called a “trust” that your estate will avoid probate. That is not necessarily true. Unless every single thing you own is in a trust then your estate may have to be probated.

So what actually happens when i die and my estate goes through probate?

One day you will die. When you do, your relatives will likley know about it. You’ll have a funeral, a wake, family and friends will mourn, etc.

At some point after your death your friends or family will say to themselves.. “Gee, John Doe had some money and had a little house… who gets it now?”

At that point they’ll probably contact a lawyer who will instruct them on how to divide your assets.

The first step is filing with the probate court. If you get a lawyer, like myself, I will help you through the entire process so you won’t need to worry so much about the procedure and you’ll be fully informed as to whats happening.

Probate consists of several “chapters”

The first is the filing. You file in the probate court and if there’s a will you submit the will to probate.

Secondly, we report all your assets to the probate court.

Thirdly, if there’s property, we either sell it or leave it to whoever inherits it.

Fourthly, we pay off any claims against your estate like creditors, etc.

Fifthly (is that a word?), we file an estate tax return. Estates are only taxable over $9.1 million in Connecticut and $1 million in Massachussetts.

Lastly, we distribute your assets and provide the court with a final accounting.

If all goes smoothly, probate can take anywhere from 6-9months.

Does probate take a long time?

It depends. It depends on your assets, it depends on if you own property.

Ultimately it takes 6-9 months, and that time flies by. It really isn’t as big of a deal as people make it out to be. Some people get trusts to avoid the wait time, but there are easier, cheaper ways to avoid probate without trusts.