Probate is not an ideal way of settling assets, but sometimes that’s the only way. Well, it can be a very lengthy process at the best of times. So, follow below for some ways that can speed things up a bit. In any case, getting in touch with a probate lawyer will make things much easier for you.

Know What The Process Is

First things first, you need to understand the process. Without knowing what one thing is, you can’t possibly understand what can make it lag and what can cause the process to quicken. So, in cases of inheritance, there are usually two ways you can go about the division of assets.

The first is the faster one and that is employed with the help of a will. A will is an official document with instructions that allows the division of assets without the court getting involved and there are clear directions as to who will get what.

On the other hand, sometimes, there is no will, and the beneficiaries are left with no choice, but to take the matters to court and then the assets are divided based on the present laws and how many actual heirs are there. This is called intestate succession.

This process is obviously time-consuming and it can take months and even years if you don’t pay attention to the necessary things. This is why probate is avoided by a lot of people, but sometimes, there is no choice, but to go for it.

Get Started With It ASAP

The next thing that you want to do is to get started on the probate process. This might sound morbid, as you’ve already lost an important member of your family. However, the faster you start and put the process in the pipeline, the faster you can get done with it and that’s a fact.

Yes, you can wait for a couple of weeks to grieve and such, but after the death certificate is ready, you want to file for probate to commence as soon as possible. You will see the difference by yourself.

Get A Death Certificate

Speaking of death certificates, it also takes time to get ready. So, you want to ensure that you’re prioritizing making the death certificate before you put the probate process in the pipeline. A death certificate is essentially proof that the owner of the assets has passed away officially and you want to give this certificate as proof when you’re sending out notices.

So, it’s a really important document to have and you must prepare it quickly so that you can get started on the probate process. It’s recommended that you start on the probate process after the death certificate is ready because, without it, the probate process is pretty much at a standstill.

Follow Your State Rules

This is also something that can lead to unnecessary delays. You must carry the probate process as the rules in your state imply. State laws are different in different states.

For example, estate planning is approached differently in California than it is in Texas, so you need to educate yourself about what the different state laws are and then go about the probate process in that way, otherwise, you will face a lot of roadblocks along the way.

Get A Professional Lawyer

The next important step in making the probate process quicker is to get a good probate attorney. This is important because the right lawyer will wrap things up quickly without making you go through bouts of waiting periods.

Some lawyers are more well-informed and experienced than others and you want to go for lawyers who have experience in these areas of the law, where probate and other things are concerned. You can’t spend your time and money on a lawyer who’s just starting and doesn’t know how to navigate through things. So, always go for a seasoned lawyer and you’ll see the difference for yourself.

Consider A Trust

A trust is a great thing to go for if you don’t want to have a will. Trust is usually made when you want to avoid probate. So, if you’re already midway through the probate process, then a trust might not be the way out for you.

However, if you’re a testator but still don’t want to go for a will, then you can go for a trust and designate some conditions, as to when the beneficiaries can get access to the trust, etc. This is an easier and quicker way than having a will.

Get An Affidavit For Proof

This is a great way to overthrow the condition for probate altogether. If you have a will, then you also need to go through the extra step of having a self-proving affidavit. It implies that you made the will and signed it in the presence of witnesses and therefore you were of sound mind at the time of the signing.

Hence, there is no need for a probate process. This is a great way to avoid probate if someone challenges the will. It’s a good thing to have as a precaution.

Update Beneficiaries

Another thing that you can speed up the probate process is to have assets with updated beneficiaries on the contract. This doesn’t just mean the designation of beneficiaries, but you also need to ensure that you’re not listing the beneficiaries in assets that are titled as your estate.

If the assets aren’t titled as your estate, those can skip probate and go straight to the beneficiaries. Things like 401k accounts, security funds, insurance policies, etc. are some of the things that don’t require going through probate and therefore the process is quickened.

Go For Summary Administration

This is only applicable in Florida, but you can still ask your lawyer if it is applicable. If the asset is valued at less than $75000 and if the decedent has been dead for almost 2 years, then you can file for a summary administration. This process is less time-consuming than probate and it takes anywhere between 7 to 10 months to complete.

If you’re eligible and if your conditions meet the requirements, then you’ll be able to skip probate altogether with the summary administration. It is a great thing to opt for if you don’t want to go through the tedious process of probate.

Consider An Enhanced Life Estate Deed

Also known as transfer-on-death deeds or ladybird deeds, these documents are applicable when the owner of the assets passes away. The deed is made just like any other deed, and it should be signed, notarized, and authorized by the county clerk. This is also something that can be updated and regularized from time to time.

However, the only problem with this is that it’s not applicable in all states. It is applicable in the majority of the states, but there will still be limitations. So, the best way is to consult with your lawyer and see if it is applicable where you live.

Conclusion

Probate processes are notorious for being time-consuming, but with these tips, you can wrap things up quickly and efficiently. However, if someone is contesting the will, you should work with an estate litigation lawyer to fight the legal battle.