Probate is the formal process initiated in your local Probate Court to transfer your assets when you die. Your probate estate can be Testate (with a Will) or Intestate (without a Will). In a Testate estate, your original last Will and Testament is presented to the court for its approval and appointment of your designated Executor. The Executor cannot act on your behalf until they have been properly appointed by the court.
It is very important that you have a Will. If you die without a Will, your probate estate is Intestate, and the Probate Court decides how to distribute your assets and who your Executor will be for your estate. Probating an Intestate estate is more expensive and takes longer than a Testate estate. Probate frequently takes nine to twelve months to be finalized in Connecticut. If you are unable to meet all the requirements set by the Court the process could go on for years. It is not unusual for legal fees and expenses to be 4% of the assets in the estate when there is no Will. Having a Will reduces costs and helps avoid delays following your death.
If you have a Will, a guardian for your minor children will be named for them in the Will. If you do not have a Will, the Probate Court must name a guardian of your minor children and designate who will control their assets.
The Executor does not need to use the attorney who drafted a Will for the probate process. It is important when you pick your probate attorney to ensure they are experienced in probate. If you are currently going through the Probate process, or need to initiate the process, and need legal assistance to help you navigate through the maze in Probate Court, please contact me to set up a no obligation consultation.
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