• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • WHO WE ARE
    • About Our Firm
    • Attorney and Staff Profiles
    • News and Events
  • Areas We Serve
    • Essex County, MA
      • Andover
      • Beverly
      • North Andover
    • Hillsborough County, NH
      • Manchester
      • Nashua
    • Middlesex County, MA
      • Concord
      • Lexington
      • Wakefield
      • Winchester
      • Woburn
    • Rockingham County, NH
      • Exeter
      • Londonderry
      • Salem
  • Services
    • Asset & Business Planning
    • Elder Law & Medicaid Services
    • Estate And Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Loss Of A Loved One
    • Pet Planning
    • Power Of Attorney
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Young Families
  • Elder Law
    • Coping with Alzheimer’s
    • Hospice Care
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder law reports
      • Elder Law Resources
        • Elder Law Resources – Londonderry, New Hampshire
        • Elder Law Resources North Andover, Massachusetts
        • Nashua, New Hampshire Elder Law Resources
        • Woburn, MA Elder Law Resources
    • Estate Planning
      • Estate Planning Articles
      • Estate and Gift Tax Figures
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Business Planning
      • Charitable Gifting
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Trust Administration & Probate
      • Wills and Trusts
    • Medicaid Calculator
    • Newsletters
    • Presentations
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Nashua, New Hampshire Probate Resources
        • Probate Resources – Londonderry, New Hampshire
        • Probate Resources – North Andover, MA
        • Probate Resources – Wakefield, Massachusetts
        • Woburn, MA Probate Resources
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
  • Seminars
    • Live Seminars
    • Online Seminars
  • Videos
  • Contact Us
  • Blog
  • Reviews
    • Our Reviews
    • Review Us

DeBruyckere Law Offices, PC

Serving Southern New Hampshire & Essex Country, Massachussetts

Call us today(603) 894-4141

(978) 969-0331

Online Seminars
Attend Free Seminar
Home » General » Why Probate Matters

Why Probate Matters

December 3, 2013General

Maybe it’s the confusion because of so many differences between states or it could be confusion surrounding the debate of whether an attorney is necessary to avoid probate. At any rate, this week, we explore the entire probate quagmire and why getting the facts can make all the difference for the loved ones left to cover the bases after death.

Some say probate is burdensome – and it is. It’s also expensive and time consuming. The laws – both state and federal – certainly don’t ease the burden, but taking the time to cover the bases ensures your loved ones never have to worry about it. Knowing the facts means better choices.

Probate is simply passing one’s estate to the legal heirs or those named in a will. It addresses the property and assets that were owned exclusively by the deceased and if any property is jointly owned, it is not included. The assets might include homes, cash, retirement accounts, trusts or anything else considered part of one’s estate and deemed worthy.

When a will is part of the legal estate plan, it will include the choice of the deceased in terms of who he wishes to carry out the role as executor. Typically, if a person is not a convicted felon, 18 years of age and who has the mental capacities to understand his responsibility, the courts will accept that person. If there is no will, the courts will name an executor.

If you named an executor years ago, the courts will make every effort to locate that person in your will. One’s attorney, banker or best friend can be named if the client so chooses. If there’s not a will, the court will make every effort to locate your next of kin.

Once those matters are settled, the executor will then be asked to inventory the asset and memorialize it for the court. Creditors must be named as well as bank accounts and safety deposit boxes. Typically, a new bank account is opened in the name of the estate so that the executor has an easier time carrying out his responsibilities.

At that point, taxes will need to be paid. This will depend, of course, on the state and other tax exemptions that are in place. Typically, though, up to a twelve month window is allowed to provide ample time for closing the estate. Not covering those bases could result in penalties against the estate. If for some reason the deadline isn’t possible, the executor may apply for an extension. The probate attorney will be able to provide assistance in these matters so that the executor can adequately complete the tax requirements.

Once the estate has been balanced, the executor will then begin distributing the estate according to the will. This can take time to ensure the creditors have been satisfied. Once those responsibilities have been carried out, the executor or administrator will then file a final report with the probate court, which officially ends his duty to the estate and the deceased.

In estate planning, the goal is to ease the probate process. By ensuring trusts are set up properly and even ensuring assets are owned jointly, one can significantly ease those delays and responsibilities. This is just one more reason why professional legal guidance is so important.

Probate can be avoided in many instances. By setting up trusts or keeping everything in a joint ownership status can often allow you to bypass probate. Again, you’ll want to speak with an estate planning lawyer so that there are no missteps and to ensure you’re in compliance with both state and federal laws.

  • Author
  • Recent Posts
Daniel DeBruyckere
Daniel DeBruyckere
Attorney Daniel A. DeBruyckere has been practicing law in New Hampshire and Massachusetts since 1998, and has helped hundreds of clients with their estate planning and elder care issues. He is very well respected in the area of estate planning, probate, trust administration, elder law issues, and business planning.
Daniel DeBruyckere
Latest posts by Daniel DeBruyckere (see all)
  • Do I Need an Attorney to Administer a Trust? - January 26, 2023
  • How Using a Trust Can Protect a Valuable Inheritance - January 24, 2023
  • What Seniors Need to Know to Protect Assets - January 19, 2023

Other Articles You May Find Useful

AdobeStock 103251926 150x150
Planning for Incapacity in Massachusetts
North Andover estate planning attorneys
SSI and SSDI – Understanding the Difference
North Andover asset protection attorneys
Protecting Your Assets from the High Cost of Nursing Home Care
New Hampshire estate planning attorney
Where Does Your City Rank among America’s Healthiest Cities?
Holiday Scams and How To Avoid Them
Holiday Scams and How to Avoid Becoming a Victim
Contest a Will
How to Contest a Will in New Hampshire

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram

Blog Subscribe

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Testimonials

DeBruyckere Law Offices, PC footer

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
footer-logo

© 2023 DeBruyckere Law Offices
All Right Reseved.

Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.